- 1 - NC: 2025:KHC-D:6389 WP No. 107310 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 107310 OF 2024 (GM-RES) BETWEEN: 1. RAMA S/O. VITHOBA GAVADA, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: KANAKUMBI, NEW HULUND-590014, TQ: KHANAPUR, DIST: BELAGAVI. 2. MAHADEV S/O. VISHWAS HAVALDAR @ VICHARE, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: NO.13, NEW HULUND-590014, TQ: KHANAPUR, DIST: BELAGAVI. 3. RAHUL S/O. VENKAPPA SURAMANJI AGE: 69 YEARS, OCC: AGRICULTURE, R/O: NO.184, CHIGULE, KANAKUMBI-590014, TQ: KHANAPUR, DIST: BELAGAVI. 4. SMT. MILI JOSI W/O. ALEX JOSI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: NO.45, HULUND-590014, TQ: KHANAPUR, DIST: BELAGAVI. 5. JANAKI APPU DESAI AGE: 25 YEARS, OCC: AGRICULTURE, R/O: NO.29 HULUND-590014, TQ: KHANAPUR, DIST: BELAGAVI. 6. ADHISHEK S/O. BASAVARAJ ILIGER, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: HULUND-590014, KANAKAMBI, TQ: KHANAPUR, DIST: BELAGAVI. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6389 WP No. 107310 of 2024 7. LADAKOBA S/O. RAMA GAVADA, AGE: 41 YEARS, OCC: AGRICULTURE, R/O: #18, HULUND-590014, KANAKAMBI, TQ: KHANAPUR, DIST: BELAGAVI. 8. NARAYAN S/O. MASHNU GAVADA, AGE: 56 YEARS, OCC: AGRICULTURE, R/O: #20, HULUND-590014, KANAKAMBI, TQ: KHANAPUR, DIST: BELAGAVI. 9. ANASUYA W/O. SOMA GAONKAR, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: #20, HULUND-590014, KANAKAMBI, TQ: KHANAPUR, DIST: BELAGAVI. 10. GOVIND S/O. APPAJI DALAVI, AGE: 64 YEARS, OCC: AGRICULTURE, R/O: #11, NEW HULUND-590014, TQ: KHANAPUR, DIST: BELAGAVI. 11. BALAKRISHNA S/O. BABU GAVADA, AGE: 23 YEARS, OCC: AGRICULTURE, R/O: NEW HULUND-590014, VTC, KANAKAMBI, TQ: KHANAPUR, DIST: BELAGAVI. … PETITIONERS (BY SRI. SABEEL AHMED, ADVOCATE) AND: 1. THE CHIEF SECRETARY TO THE GOVERNMENT OF KARNATAKA, VIDHAN SOUDHA, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE UNDER SECRETARY TO THE DEPARTMENT OF REVENUE, (LAND SURVEY S-1 AND SPECIAL CELL), VIKAS SOUDHA, BENGALURU-560001. - 3 - NC: 2025:KHC-D:6389 WP No. 107310 of 2024 3. THE SPECIAL OFFICER & THE OFFICE OF THE SPECIAL OFFICER AND COMPETENT AUTHORITY, UNDER KPID ACT–2004, (I MONETARY ADVISORY COMMITTEE), 3RD FLOOR, PODIUM BLOCK, V.V. TOWERS, DR. AMBEDKAR ROAD, BENGALURU-560001. 4. THE ASSISTANT COMMISSIONER, THE OFFICE OF THE SPECIAL OFFICER AND COMPETENT AUTHORITY, UNDER KPID ACT–2004, (I MONETARY ADVISORY COMMITTEE), 3RD FLOOR, PODIUM BLOCK, V.V. TOWERS, DR. AMBEDKAR ROAD, BENGALURU-560001. 5. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF DRCS, JAKKERI HONDA, OPP KHB HERITAGE, BELAGAVI-590006, TQ/DIST: BELAGAVI. 6. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BENGALURU-560052. 7. THE ASSISTANT COMMISSIONER, THE OFFICE OF THE SPECIAL OFFICER AND COMPETENT AUTHORITY, UNDER KPID ACT-2004, (I MONETARY ADVISORY COMMITTEE), BELAGAVI SUB-DIVISION, BELAGAVI-590001. … RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA R1, R2, R5 AND R6; SRI. VEERESH R.BUDIHAL., ADVOCATE FOR R3, R4 & R7) - 4 - NC: 2025:KHC-D:6389 WP No. 107310 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Sabeel Ahmed., counsel for the petitioners and Sri.Praveen K.Uppar., AGA for respondents 1, 2, 5 and 6 have appeared in person. Sri.Veeresh R.Bhudihal., counsel for respondents 3, 4 and 7 has appeared through video conferencing. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated:27.03.2020 passed by seventh respondent vide Annexure-E, in so far as petitioners are concerned. And to issue a Writ of Mandamus directing the respondents to issue No Objections Certificate in favor of the petitioners in respect of the petition properties bearing R.S.No.76 (new No’s.76/1 to 76/16) totally measuring 378 acres situated at Gavali village of Khanapur Taluka coming under Belagavi District belonging to the petitioners by deleting - 5 - NC: 2025:KHC-D:6389 WP No. 107310 of 2024 the non-alienation clause entered in the column No.11 of the petition properties. 3. Counsel for the respective parties urged several contentions. Counsel for respondents 3, 4 and 7 fairly submits that it’s an error of including the properties of the petitioners in the impugned order. Counsel therefore, submits that an appropriate order may be passed. Heard the arguments and perused the Writ papers with care. 4. The application filed under Section 103 of K.C.S Act r/w. Section 151 of CPC is furnished along with the Writ Petition and the same is marked as Annexure-B. Sri.K.L.Shriniwas has filed an affidavit and the schedule of properties to be attached was also made available. I have perused the same minutely. The properties of the petitioners are not included/ mentioned in the schedule. However, in the impugned order at Annexure-E, the properties of the petitioners were included based on Annexure-B. This is untenable. As already noted above, the properties of the petitioners are not included in the schedule for attachment, hence, the inclusion is bad. Therefore, this Court deems it proper to quash Annexure-E. - 6 - NC: 2025:KHC-D:6389 WP No. 107310 of 2024 5. The Writ of Certiorari is ordered. The order dated:27.03.2020 passed by seventh respondent vide Annexure-E is quashed as far as petitioners are concerned. 6. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE MRP LIST NO.: 1 SL NO.: 60