- 1 - NC: 2025:KHC-D:4042 WP No. 103107 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. 103107 OF 2022 (LR-) BETWEEN: 1. SHAMANNA S/O YANKAPPA LAMANI, AGE. 42 YEARS, OCC. AGRICULTURE, R/O. KALAMALLI TANDA, TAL. TAVARAGERA, DIST. KOPPAL, PIN 583279. 2. SMT. VALIBAI W/O HANAMAPPA @ HANAMANT RATHOD, AGE. 50 YEARS, OCC. AGRICULTURE, R/O. KALAMALLI TANDA, TAL. TAVARAGERA, DIST. KOPPAL, PIN 583279. 3. SHANKRAPPA S/O JAMPYA LAMANI, AGE. 49 YEARS, OCC. AGRICULTURE, R/O. KALAMALLI TANDA, TAL. TAVARAGERA, DIST. KOPPAL, PIN 583279. 4. CHANDAPPA S/O NEELAPPA LAMANI, AGE. 52 YEARS, OCC. AGRICULTURE, R/O. KALAMALLI TANDA, TAL. TAVARAGERA, DIST. KOPPAL, PIN 583279. …PETITIONERS (BY SRI. S. C. HIREMATH, ADVOCATE) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4042 WP No. 103107 of 2022 AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETRY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU- 01. 2. THE DEPUTY COMMISSIONER, KOPPAL DISTRICT KOPPAL, PIN 583231. 3. THE ASSISTANT COMMISSIONER, KOPPAL SUB DIVISION, KOPPAL, PIN- 583231. 4. THE TAHSILDAR, KUSHTAGI, DIST. KOPPAL, PIN 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 TO R4, SRI VIJAYAKUMAR 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 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. 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 - 3 - NC: 2025:KHC-D:4042 WP No. 103107 of 2022 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 KANDAY GRAMA. IV. ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AS DEEMED FIT AND PROPER BE GRANTED. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned counsel Sri.Viayakumar Balagerimath is directed to take 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 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. 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 the acquisition of the lands and then declare the said portions as Kanday Grama. iv. Any other appropriate Writ, Order or direction as deemed fit and proper be granted. - 4 - NC: 2025:KHC-D:4042 WP No. 103107 of 2022 3. The grievance of the petitioners is that respondent No.2 has issued a notification under Section 38A of the Karnataka Land Reforms Act, 1961 declaring the lands of the petitioners in Sy.Nos.98/5 and 98/1 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 - NC: 2025:KHC-D:4042 WP No. 103107 of 2022 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 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. - 6 - NC: 2025:KHC-D:4042 WP No. 103107 of 2022 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 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. - 7 - NC: 2025:KHC-D:4042 WP No. 103107 of 2022 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.98/5 and 98/1 is 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 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 - 8 - NC: 2025:KHC-D:4042 WP No. 103107 of 2022 to place the instructions issued to the Deputy Commissioners on record. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK List No.: 1 Sl No.: 0