- 1 - HC-KAR NC: 2025:KHC-D:13521 WP No. 107245 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107245 OF 2025 (LR-) BETWEEN: 1. AYYANAGOUDA S/O. BASANGOUDA, SINCE DIED BY HIS LEGAL REPRESENTATIVE, VIRUPAKSHGOUDA S/O. AYYANGOUDA, SINCE DIED BY LRS., SMT. SHIVALINGAMMA W/O. LATE VIRUPAKSHGOUDA, AGE: 70 YEARS, OCC. HOUSEHOLD, 2. ANDANAGOUDA S/O. LATE VIRUPAKSHGOUDA, AGE: 57 YEARS, OCC. AGRIL., 3. DEVARAJGOUDA S/O. LATE VIRUPAKSHGOUDA, AGE: 50 YEARS, OCC. AGRIL., 4. DEVARAJGOUDA S/O. LATE VIRUPAKSHGOUDA, AGE: 50 YEARS, OCC. AGRIL., 5. SUJATA W/O. ANDANGOUDA, AGE: 50 YEARS, OCC. HOUSEWIFE, ALL ARE RESIDENT OF MYLAPUR, TQ. KARATAGI, DIST. KOPPAL-583231. …PETITIONERS (BY SRI. RAJASHEKAR GUNJALLI, ADVOCATE) Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13521 WP No. 107245 of 2025 AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPT. OF REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-01. 2. THE DEPUTY COMMISSIONER KOPPAL DISTRICT, KOPPAL-583231. 3. THE ASSISTANT COMMISSIONER GANGAVATHI SUB-DIVISION, GANGAVATHI-583227. 4. THE TAHASILDAR GANGAVATHI TALUKA, GANGAVATHI, DIST. KOPPAL. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED NOTIFICATION ISSUED BY THE RESPONDENT NO. 2 IN NO/TOGVT/LNDOMSC/38/2025/E-351460 DATED. 09-09-2025 VIDE ANNEXURE-B IN SO FAR AS LAND BEARING SY. NO. 34/1 IS CONCERNED. II. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.4 TO DELETE THE NAME OF GOVERNMENT TO THE EXTENT OF PETITIONERS LAND BEARING SY.NO. 34/1 RESTORE THE NAME OF THE PETITIONERS IN REVENUE RECORDS FURTHER IF THEY REQUIRED THE LAND FOR ANY PUBLIC PURPOSE SAME CAN BE ACQUIRE UNDER THE DUE PROCESS OF LAW. III. ISSUE SUCH OTHER WRIT OR ORDER AND DIRECTIONS AS THIS HON BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE AND ALLOW THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13521 WP No. 107245 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 4. 2. The petitioners are before this Court seeking for the following reliefs: i. Issue a writ in the nature of certiorari by quashing the impugned Notification issued by the Respondent No. 2 in No/TOGVT/LNDOMSC/38/2025/E-351460 dated 09-09-2025 vide Annexure-B in so far as land bearing SY. No. 34/1 is concerned. ii. Issue a writ in the nature of Mandamus directing the respondent No.4 to delete the name of Government to the extent of petitioners land bearing Sy.No. 34/1 restore the name of the petitioners in revenue records. Further if they required the land for any public purpose same can be acquire under the due process of law. iii. Issue such other writ or order and directions as this Hon’ble Court deems fit under the facts and circumstances of the case and allow this writ petition in the interest of justice and equity. 3. The grievance of the petitioners is that without issuing notice to the petitioners, notification in Form 2-E under Section 38-A of the Karnataka Land Reforms - 4 - HC-KAR NC: 2025:KHC-D:13521 WP No. 107245 of 2025 Act, 1961, has been published recording the land in Survey No.34/1 of Venkateshwara Nagara, Gangavathi has unrecorded a mutation. 4. Learned counsel for the petitioners submits that the names of the petitioners are found in the RTC in respect of the said land as produced at Annexure-A. 5. Before initiating proceeding under Section 38-A, as held by this Court in WP No.103974 of 2022, notice would have to be issued to the concerned persons whose name is found in the revenue records, as also publish the same in a public place. 6. The same not having been done, the matter could not have been proceeded with and Form 2-E notification issued. 7. Hence, I pass the following: ORDER i) Writ Petition is allowed. - 5 - HC-KAR NC: 2025:KHC-D:13521 WP No. 107245 of 2025 ii) A certiorari is issued. Notification bearing No.TOGVT/LND0MSC/38/2025/E-351460 dated 09.09.2025 at Annexure-B is quashed. iii) Respondents are directed to delete the name of the Government in respect of Survey No. 34/1 of Venkateshwara Nagara, Gangavathi within a period of 15 days from today. iv) Liberty is however reserved to respondent No.2 - Deputy Commissioner to issue fresh notice to the petitioners, comply with the applicable law and pass necessary orders in accordance with law. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA List No.: 1 Sl No.: 41