- 1 - NC: 2025:KHC-D:4042 WP No. 103974 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103974 OF 2022 (LR-) BETWEEN: 1. PARASAPPA S/O. CHATRAPPA GOLLARA, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. MYADARA DOKKI, TANDA, TAL. KUSHTAGI, DIST. KOPPAL, PIN- 583279. 2. SMT. SHANTAMMA W/O. POREPPA LAMANI, AGE. 51 YEARS, OCC. AGRICULTURE, R/O. MYADARA DOKKI, TANDA, TAL. KALAMALLI, DIST. KOPPAL, PIN- 583279. …PETITIONERS (BY SRI S. C. HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANASOUDHA, BENGALURU -01. 2. THE DEPUTY COMMISSIONER, KOPPAL DISTRICT KOPPAL, PIN -583231. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4042 WP No. 103974 of 2022 3. THE ASSISTANT COMMISSIONER, KOPPAL SUB-DIVISION, KOPPAL, PIN -583231. 4. THE TAHSILDAR, KUSHTAGI, DIST. KOPPAL, PIN-583277. 5. GRAM PANCHAYAT, JUMALAPUR TAL. KUSHTAGI, DIST. KOPPAL, PIN- 583279, REPRESENTED BY ITS PROJECT DEVELOPMENT OFFICER. …RESPONDENTS (BY SRI M.M. KHANNUR, AGA FOR R1 TO R4, SRI VIJAYKUMAR BALAGERIMATH, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA IS PRAYING TO I. A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.2, DECLARING THE PORTIONS OF THE LANDS OF THE PETITIONERS BEARING R.S.NO. 118/5 AND 119/ AND 106/1 AS KANDAYA GRAMA AS PER THE ORDER BEARING NO. REV/LND/2021 DATED 14-12- 2021 PASSED BY RESPONDENT NO.2 A COPY OF WHICH IS PRODUCED HEREIN AS PER ANNEXURE-A. II. A WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENT 3 DELETE THE NAME OF GOVERNMENT TO THE PORTIONS OF THE LANDS OWNED BY THE PETITIONER BEARING RS NO 118/5 AND 119/ & 106/1 AND RESTORE THE ORIGINAL RTCS. III. A WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENT NO.1 TO INITIATE ACQUISITION PROCEEDINGS AND AWARD JUST AND REASONABLE COMPENSATION FOR THE ACQUISITION OF THE LANDS AND THEN DECLARE THE SAID PORTIONS BEARING RS NO 118/5, 119/1 & 106/1 AS KANDAY GRAMA. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:4042 WP No. 103974 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned counsel Sri.Viayakumar Balagerimath accepts notice for respondent No.5. 2. Petitioners are before this Court seeking for the following reliefs : i. A writ in the nature of Certiorari, quashing the impugned order passed by the Respondent No.2, declaring the portions of the lands of the petitioners bearing R.S.No. 118/5 and 119/ and 106/1 as Kandaya Grama as per the order bearing no. REV/LND/2021 dated 14-12-2021 passed by Respondent No.2 a copy of which is produced herein as per Annexure-A. ii. A writ in the nature of mandamus, directing the Respondent 3 delete the name of government to the portions of the lands owned by the petitioner bearing RS No 118/5 and 119/ & 106/1 and restore the original RTCs. iii. A writ in the nature of Mandamus, directing the Respondent No.1 to initiate acquisition proceedings and award just and reasonable compensation for the acquisition of the lands and then declare the said portions bearing RS No 118/5, 119/1 & 106/1 as Kanday Grama. iv. Any other appropriate Writ, Order or direction as deemed fit and proper be granted. 3. The grievance of the petitioners is that respondent No.2 has issued a notification under Section 38A of - 4 - NC: 2025:KHC-D:4042 WP No. 103974 of 2022 the Karnataka Land Reforms Act, 1961 declaring the lands of the petitioners in Sy.Nos.118/5 and 119/1 and 106/1 as unrecorded habitation. 4. The submission of learned counsel for the petitioners is that, the petitioners being the owners of the said land and being in occupation thereof, no notice has been issued to the petitioners nor a public notice issued so as to enable the petitioners to submit their objections. His further submission is that, if the revenue records had been perused, the right, title and interest of the petitioners in the said survey number, would have been clear to the Deputy Commissioner. As such, he submits that the notification issued is without any basis and is required to be quashed. 5. This Court is coming across several matters where notifications under Section 38A of the Karnataka Land Reforms Act, 1961, have been issued by Deputy Commissioner, without issuing any public notice - 5 - NC: 2025:KHC-D:4042 WP No. 103974 of 2022 and/or even verifying the revenue records. The RTC, which has been produced along with the present petition at Annexure-B indicates the right, title and interest of the petitioner in respect of the aforesaid property. 6. Such being the case, the Deputy Commissioner could not have without verifying the revenue records pertaining to the relevant properties, gone ahead and issued notification under Section 38A of the Karnataka Land Reforms Act. The Deputy Commissioner will be well advised in future to refer to all the revenue documents, obtain the details as regards the properties, which are proposed to be notified under Section 38A of the Karnataka Land Reforms Act, 1961 before issuing any notification. 7. In the event of any entries available in the revenue records, notices would necessarily have to be issued to the persons named in the said revenue records. In the event of no entries in revenue records being - 6 - NC: 2025:KHC-D:4042 WP No. 103974 of 2022 available, the notifications issued under Section 38A of the Karnataka Land Reforms Act, 1961, would have to record such statement so that the same could be verified in the event of any challenge being made. 8. Respondent No.1 is directed to issue necessary instructions to all the Deputy Commissioners coming under his jurisdiction in respect of the above observations. 9. In view of the above, I pass the following: ORDER i) Writ petition is allowed. ii) A certiorari is issued, the notification dated 14.12.2021 bearing No.REV/LND/2021 at Annexure-A issued by the 2nd respondent insofar as Sy.Nos.118/5 and 119/1 and 106/1 is concerned is quashed. - 7 - NC: 2025:KHC-D:4042 WP No. 103974 of 2022 iii) A mandamus is issued, directing respondent No.3 to delete the name of the Government in respect of the aforesaid land and restore the entry of the name of the petitioners in the relevant RTC’s. iv) In the event of the Deputy Commissioner coming to the conclusion that the said lands are required for any public purpose, the Deputy Commissioner would be at liberty to initiate such proceedings for acquisition in terms of the applicable law. V) Though the above petition is disposed, re-list on 28.03.2025 to enable Respondent No.1 to place the instructions issued to the Deputy Commissioners on record. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK/CT-GTB List No.: 1 Sl No.: 11