- 1 - HC-KAR NC: 2025:KHC-D:7371 WP No. 102525 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 102525 OF 2025 (KLR-RES) BETWEEN: 1. RAMCHANDRA LAKKAPPA GENNUR, S/O. LAKKAPPA, AGE: ABOUT 78 YEARS, OCC: AGRICULTURE, R/O. HOUSE NO.90E/81, ASHRAM ROAD, GUMAST COLONY, BIJAPUR-586103, SL.NO.20 IN ANNEXURE-A, TAKKALAKI VILLAGE LIST. 2. MALLAPPA GALAGALI S/O. LAXMAN, AGE: ABOUT 49 YEARS, OCC: AGRICULTURE, R/O. NAGANUR, TQ: JAMAKHANDI, DIST: BAGALKOT-587301. SL. NO.26 IN ANNEXURE-A, NAGANOORA VILLAGE LIST. 3. KRISHTAPPA JAKANUR S/O. JINNAPPA JAKANUR, AGE: ABOUT 49 YEARS, OCC: AGRICULTURE, R/O. NAGANUR, TQ: JAMKHANDI, DIST: BAGALKOT-587301, SL. NO.28 IN ANNEXURE-A, NAGANOORA VILLAGE LIST. 4. SURESH DANAGOUD S/O. BASAPPA, AGE: ABOUT 45 YEARS, OCC: AGRICULTURE, R/O. WARD NO.1, CHIKKAPADASALAGI, TQ: JAMAKHANDI, DIST: BAGALKOT-587301, SL. NO.31 IN ANNEXURE-A, CHIKKAPADASALAGI VILLAGE LIST. 5. RAMAPPA DHAREPPANAVAR S/O. ANNAPPA, AGE: ABOUT 53 YEARS, OCC: AGRICULTURE, CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7371 WP No. 102525 of 2025 R/O. WARD NO.3, CHIKKAPADASALAGI, TQ: JAMAKHANDI, DIST: BAGALKOT-587301, SL. NO.32 IN ANNEXURE-A, CHIKKAPADASALAGI VILLAGE LIST. 6. SUSALAVVA DANAGOUD @ GANIGERA, W/O. MALLAPPA, AGE: ABOUT 66 YEARS, OCC: AGRICULTURE, R/O. WARD NO.1, CHIKKAPADASALAGI, TQ: JAMAKHANDI, DIST: BAGALKOT-587301. SL. NO.33 IN ANNEXURE-A, CHIKKAPADASALAGI VILLAGE LIST. 7. MAHESH BIRADAR S/O. MALLAPPA, AGE: ABOUT 38 YEARS, OCC: AGRICULTURE, R/O. WARD NO.3, NEAR JAIN BASTI, CHIKKAPADASALAGI, TQ: JAMAKHANDI, DIST: BAGALKOT-587301, SL. NO.38 IN ANNEXURE-A, CHIKKAPADASALAGI VILLAGE LIST. 8. SHANKREPPA NYAMAGOUD @ MUDHOLA, W/O. MALLAPPA, AGE: ABOUT 57 YEARS, OCC: AGRICULTURE, R/O. WARD NO.4, CHIKKAPADASALAGI, TQ: JAMAKHANDI, DIST: BAGALKOT-587301, SL. NO.40 IN ANNEXURE-A, CHIKKAPADASALAGI VILLAGE LIST. 9. SADASHIV DANAGOUD S/O. DAKAPPA, AGE: ABOUT 46 YEARS, OCC: AGRICULTURE, R/O. CHIKKAPADASALAGI, TQ: JAMAKHANDI, DIST: BAGALKOT-587301, SL. NO.41 AND 42 IN ANNEXURE-A, CHIKKAPADASALAGI VILLAGE LIST. 10. BASAVARAJ NYAMAGOUD S/O. HANAMANT, AGE: ABOUT 32 YEARS, OCC: AGRICULTURE, R/O. WARD NO.3, CHIKKAPADASALAGI, TQ: JAMAKHANDI, DIST: BAGALKOT-587301, SL. NO.44 IN ANNEXURE-A, CHIKKAPADASALAGI VILLAGE LIST. 11. JINNAPPA NARSAGOND S/O. SATAPPA, AGE: ABOUT 59 YEARS, OCC: AGRICULTURE, - 3 - HC-KAR NC: 2025:KHC-D:7371 WP No. 102525 of 2025 R/O. ALAGUR, TQ: JAMAKHANDI, DIST: BAGALKOT-587301, SL. NO.1 AND 2 IN ANNEXURE-A, ALAGOORA VILLAGE LIST, NAME AS PER ANNEXURE-A, CHENNAPPA SHANTAPPA NARASAGONDA WHICH IS WRONG 12. CHANDRAVVA UPADYA W/O. ANNAPPA, AGE: ABOUT 71 YEARS, OCC: AGRICULTURE, R/O. ALAGUR, TQ: JAMAKHANDI, DIST: BAGALKOT-587301, SL. NO.6 IN ANNEXURE-A, ALAGOOR VILLAGE LIST. …PETITIONERS (BY SRI. SACHIN C. ANGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DISTRICT COMMISSIONER, BAGALKOT, NAVANAGAR, BAGALKOT-587103. 3. THE ASSISTANT COMMISSIONER, JAMAKHANDI, JAMAKHANDI-587301. 4. THE TAHASHEELDAR, JAMAKHANDI, MINI VIDHANSOUDHA, JAMAKHANDI-587301. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.4, TAHASHILDAR ORDER DATED 04/05/2022 IN BEARING NO.JA.J£ï.J¯ï/¹Dgï-01/2022-2023, WHICH IS PRODUCED AT ANNEXURE-A, IN SO FOR THE PETITIONERS IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. - 4 - HC-KAR NC: 2025:KHC-D:7371 WP No. 102525 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard learned counsel Sri. Sachin C. Angadi for the petitioners and the learned AGA Sri. Sharad V. Magadum for the respondents. 2. With the consent of learned counsel on both sides, the matter is taken up for final disposal. 3. The petitioners have filed this petition seeking a writ of certiorari to quash the order dated 04.05.2022 passed by the 4th respondent and for other consequential relief. It is the case of the petitioners that, respondent No.4-Tahasildar, Jamakhandi, passed the impugned order creating charge on the properties of the petitioners and entered boja in Column No.11 of the Record of Rights on petitioners’ lands. 4. It is the case of respondent No.4 that, while passing the impugned order, the petitioners have allegedly stored soil illegally which was brought from the banks of the - 5 - HC-KAR NC: 2025:KHC-D:7371 WP No. 102525 of 2025 Krishna river for conducting brick business and therefore the charge on the properties was created by passing the impugned order. 5. It is the contention of the learned counsel for the petitioners that, the petitioners have not stored any soil in their lands nor the Government Officers of the respondents seized any soil from the lands of the petitioners. It is a created story of the respondents and without there being any truth in the matter, an illegal order came to be passed by respondent No.4. Learned counsel further contends that, respondent No.4 while passing such an order has not followed the principles of natural justice and has gone against the statute by not issuing any notice, neither he has conducted any panchanama or seizure of the proceedings and no such proceedings or initiation of action was intimated to the petitioners, which is in clear violation of law and principles of natural justice before initiating any action. Therefore, he contends that the allegation of soil storage and excavation are all fabricated and absolutely without any - 6 - HC-KAR NC: 2025:KHC-D:7371 WP No. 102525 of 2025 material on record and no material is either given or placed. Further, he contends that the impugned order is not sustainable on the sole ground that, respondent No.4 has not issued notice and not conducted inquiry before passing the impugned order. 6. Learned counsel for the petitioners relies upon the order passed by the Co-ordinate Bench of this Court in Writ Petition No.100263/20251 wherein in similar matters, the impugned order dated 04.05.2022 passed by the Tahashildar against other land owners alleging similar reasons for creating a charge on the property, was quashed. Hence, the petitioners seek a similar order in this case. 7. As the learned AGA representing the respondent- State does not dispute the order passed by the Co-ordinate Bench of this Court on the similar order, therefore, nothing much would be required for this Court to delve upon, as the petitioners would be entitled to a similar order 1 Disposed of on 24.02.025 - 7 - HC-KAR NC: 2025:KHC-D:7371 WP No. 102525 of 2025 8. Under the circumstances, following the directions already rendered by the Co-ordinate Bench of this Court mentioned hereinabove, I pass the following order: The petition is allowed. A writ of certiorari is issued. The impugned order dated 04.05.2022 passed by respondent No.4-Tahasildar bearing No.JA.J£ï.J¯ï/¹Dgï-01/2022-2023 is hereby quashed. Respondent No.4 is at liberty to issue notice, follow principles of law and due procedure contemplated to conduct an inquiry and pass suitable orders. In view of quashing of the impugned order at Annexure-A, the charge created on the petitioners’ properties is withdrawn. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE kmv CT-MCK