- 1 - NC: 2025:KHC-D:6400 WP No. 85206 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS. JUSTICE M.G.UMA WRIT PETITION NO.85206 OF 2013 (LR-) BETWEEN: MALLIKARJUNA SANNAGOUDAR S/O. YELLAPPA, AGED ABOUT 50 YEARS, R/O. KALLEDEVAR, BYADAGI TALUK, HAVERI DISTRICT. …PETITIONER (BY SHRI M. V. HIREMATH, ADV.) AND: 1. TAHASILDAR HAVERI TALUK, HAVERI DISTRICT. 2. THE DEPUTY COMMISSIONER, HAVERI DISTRICT. 3. THE SECRETARY, DEPARTMENT OF REVENUE, GOVT. OF KARNATAKA, M. S. BUILDING, BANGALORE. …RESPONDENTS (BY SHRI T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE INTIMATION LETTER DATED 21.05.2013 IN BHOOSU/VAHI-58/2012- 13 AS PER ANNEXURE-G, CONSEQUENTIAL ENTRY IN ME NO.801 DATED 22.09.1974 AS PER ANNEXURE-F ISSUED BY RESPONDENT NO.1 BY ISSUING A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION AS THE CASE MAY BE AND TO DIRECT RESPONDENT NO.1 TO ENTER THE NAME OF THE PETITIONER IN COL.NO.9 AS OWNER AND IN COL.NO.12(2) AS THE CULTIVATOR IN RTC IN RESPECT OF LAND BEARING SY.NO.38/4-B MEASURING 1 ACRE 22 GUNTAS AND SY.NO.20/6-E MEASURING 27 GUNTAS OF GUDISALAKOPPA VILLAGE, HAVERI TALUK AND DISTRICT. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:6400 WP No. 85206 of 2013 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioner has approached this Court seeking issuance of writ in the nature of Certiorari to quash the intimation letter/order dated 21.05.2013 issued by respondent No.1 – the Tahsildar, Haveri Taluk, produced as per Annexure-G; consequently to quash M.E.No.801 dated 22.09.1974 produced as per Annexure-F; and to direct respondent No.1 to enter the name of the petitioner in column No.9 as owner, and in column No.12(2) as cultivator in the Record of Rights, in respect of Sy.No.38/4-B measuring 1.22 acres and in Sy.No.20/6-E measuring 27 guntas respectively of Gudisalakoppa village, Haveri Taluk and District. 2. Heard Shri M. V. Hiremath, learned counsel for the petitioner and Sri T. Hanumareddy, learned Additional Government Advocate for respondents – State. Perused the materials on record. - 3 - NC: 2025:KHC-D:6400 WP No. 85206 of 2013 3. M.E.No.801 as per Annexure-F was certified by respondent No.1 to the effect that several items of the properties including two items referred to above, were tenanted lands, and on the advent of the Karnataka Land Reforms Act, the lands vested in the Government. Accordingly, an order was passed on 06.07.1974 to enter the name of Government in the Record of Rights. Thus, in column No.9 of the Record of Rights, the name of Government came to be entered after deleting the name of Sannagouda Basanagouda Ramanagouda. 4. It is the contention of the learned counsel for the petitioner that the property was owned by Basanagouda Ramanagouda Sanganagouda, and after his death in the year 1964, the properties in question had fallen to the share of his eldest son Yallappa, that is the father of the petitioner. Initially Yallappa, and later, after his death in the year 1986 the petitioner, was in actual possession and cultivation of the lands in question. It is the further contention of the petitioner that M.E.No.801 - 4 - NC: 2025:KHC-D:6400 WP No. 85206 of 2013 was certified without the knowledge of the petitioner, and the properties in question were never the tenanted lands. Respondent No.1 had issued Annexure-E to the effect that Yallappa Kariyappa Gonded, resident of Gudisalakoppa village, had not filed Form No.7 or Form No.7A in respect of above mentioned two items of properties. Therefore it is the contention of the learned counsel for the petitioner that the properties in question cannot be treated as the properties vested in the Government. Hence Annexures-G and F are to be quashed. 5. It is noticed that M.E.No.801 as per Annexure-F was certified on 22.09.1974, specifically referring that, the land in question was a tenanted land that is being cultivated by tenant, and therefore it vests with the Government on the appointed date i.e., 01.03.1974. It was only during 2012, that the petitioner had approached the Revenue Authorities seeking to delete M.E.No.801 and to show his name in column Nos.9 and 12. The said request was rejected by respondent No.1, by issuing a - 5 - NC: 2025:KHC-D:6400 WP No. 85206 of 2013 letter produced as per Annexure-G, which is impugned in the present petition. 6. Even if, the contention taken by learned counsel for the petitioner that, the lands in question were not tenanted lands is to be accepted for a moment, since M.E.No.801 was certified in the year 1974 to vest the land in Government, it is the prerogative of the Land Tribunal, Haveri to decide as to whether the properties in question are tenanted lands or not. The Revenue Authorities are not authorized to declare that the lands are either tenanted lands or otherwise. Under such circumstances, I am of the opinion that the petitioner cannot succeeds in this writ petition. Hence, petition is liable to be dismissed as devoid of merits. Accordingly, the writ petition is dismissed. Sd/- (M.G.UMA) JUDGE EM CT:ANB List No.: 2 Sl No.: 3