- 1 - NC: 2025:KHC-D:4042 WP No. 107320 of 2024 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. 107320 OF 2024 (LR-) BETWEEN: SMT. AMBAVVA W/O. GOPAL NAYAK, AGE: 38 YEARS, OCC: AGRICULTURE, R/O. KALAMALLI TANDA, TAL: KUSHTAGI, DIST: KOPPAL-583279. …PETITIONER (BY SRI. P.N. HOSAMANE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-01. 2. THE DEPUTY COMMISSIONER, KOPPAL DISTRICT, KOPPAL-583231. 3. THE ASSISTANT COMMISSIONER, KOPPAL SUB-DIVISION, KOPPAL-583231. 4. THE TAHSILDAR, KUSHTAGI, DIST: KOPPAL-583277. 5. GRAM PANCHAYAT KILARHATTI, TAL: KUSHTAGI, DIST: KOPPAL-583279, REPRESENTED BY ITS PROJECT DEVELOPMENT OFFICER. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R4; SRI. VIJAYKUMAR BALAGERIMATH, ADVOCATE FOR R5) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4042 WP No. 107320 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE 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 PETITIONER AS KANDAYA GRAMA AS PER THE ORDER BEARING NO.REV/LND/2021 DATED 14-12-2021 A COPY OF WHICH IS PRODUCED HEREIN AS PER ANNEXURE-A, IN SO FAR AS PETITIONER IS CONCERNED; 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 AND RESTORE THE ORIGINAL RTCs; 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 AS KANDAYA GRAMA; ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AS DEEMED FIT AND PROPER BE GRANTED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is 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 Petitioner as Kandaya Grama as per the order bearing no.REV/LND/2021 dated 14-12-2021 a copy of which is produced herein as per ANNEXURE-A, in so far as petitioner is concerned; 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 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 - 3 - NC: 2025:KHC-D:4042 WP No. 107320 of 2024 the acquisition of the lands and then declare the said portions as Kandaya Grama; iv. Any other appropriate Writ, Order or direction as deemed fit and proper be granted. 2. The grievance of the petitioner is that respondent No.2 has issued a notification under Section 38A of the Karnataka Land Reforms Act, 1961 declaring the lands of the petitioner in Sy.No.98/5 and 98/2 as unrecorded habitation. 3. The submission of learned counsel for the petitioner is that, the petitioner being the owner of the said land and being in occupation thereof, no notice has been issued to the petitioner nor a public notice issued so as to enable the petitioner to submit his objections. His further submission is that, if the revenue records had been perused, the right, title and interest of the petitioner 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. - 4 - NC: 2025:KHC-D:4042 WP No. 107320 of 2024 4. 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 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. 5. 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. - 5 - NC: 2025:KHC-D:4042 WP No. 107320 of 2024 6. 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 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. 7. Respondent No.1 is directed to issue necessary instructions to all the Deputy Commissioners coming under his jurisdiction in respect of the above observations. 8. In view of the above, I pass the following: ORDER i) Writ petition is allowed. - 6 - NC: 2025:KHC-D:4042 WP No. 107320 of 2024 ii) A certiorari is issued, the notification dated 14.12.2021 bearing No.REV/LND/2021 at Annexure-A insofar as Sy.No.98/5 and 98/2 are concerned is quashed. 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 petitioner 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 - 7 - NC: 2025:KHC-D:4042 WP No. 107320 of 2024 to place the instructions issued to the Deputy Commissioners on record. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 0