- 1 - HC-KAR NC: 2025:KHC-D:7773 WP No. 103505 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103505 OF 2025 (KLR-RES) BETWEEN: 1. APPASAHEB S/O. BHIMAPPA HUDED, AGE: 35 YEARS, OCC: AGRICULTURE, R/O. MEERAPURAHATTI-591 222, HAMLET OF KABBUR, TQ: CHIKKODI, DIST: BELAGAVI. 2. SMT. YALLAVVA W/O. BHIMAPPA HUDED, AGE: 61 YEARS, OCC: AGRICULTURE & HOUSEHOLD WORK, R/O. MEERAPURAHATTI-591 222, HAMLET OF KABBUR, TQ: CHIKKODI, DIST: BELAGAVI. …PETITIONERS (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. B.R.AMBEDKAR VEEDHI, BENGALURU-560 001, R/BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER, BELAGAVI, D.C. OFFICE COMPOUND, BELAGAVI-590 001. 3. THE ASSISTANT COMMISSIONER, CHIKKODI SUB-DIVISION, MINI VIDHAN SOUDHA, CHIKKODI-591201, DIST: BELAGAVI. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7773 WP No. 103505 of 2025 4. THE TAHASHILDAR, CHIKKODI, MINI VIDHAN SOUDHA, CHIKKODI-591 201, DIST: BELAGAVI. 5. THE ASSISTANT DIRECTOR OF LAND RECORD, CHIKKODI TALUKA, CHIKKODI-591 201, DIST: BELAGAVI. 6. THE REVENUE INSPECTOR, NAGARAMUNNOLI HOBLI, MINI VIDHAN SOUDHA, CHIKKODI-591 201, DIST: BELAGAVI. 7. THE VILLAGE ACCOUNTANT, KABBUR, KABBUR VILLAGE-591 222, TQ: CHIKKODI, DIST: BELAGAVI. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i. ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE NOTIFICATION DATED 29.10.2021 BEARING NO.KAMSHA/RRC /CR-22/2021-22 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-A, IN SO FAR IT RELATES TO PETITIONERS. ii. ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE MUTATION EXTRACT BEARING MR NO.T1233 DATED 16.02.2022 CERTIFIED BY THE RESPONDENT NO.6 VIDE ANNEXURE-B, IN SO FAR IT RELATES TO PETITIONERS. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7773 WP No. 103505 of 2025 ORAL ORDER 1. This petition is filed by the petitioner challenging the Notification dated 29.10.2021 and Mutation extract bearing MR No.T1233 dated 16.02.2022 and consequently for a writ of mandamus. 2. It is the case of the petitioner that agricultural land bearing R.S. No.730/2 measuring 7 acres 29 guntas was divided into two parts namely R.S. No.730/2A measuring 3 acres 6 guntas and R.S. No.730/2B measuring 4 acres 23 guntas. On 31.5.2013 the land bearing R.S.No.730/2A and R.S. No.730/2B were merged and renumbered as 730/2 totally measuring 7 acres 29 guntas and accordingly mutation entries were made. Thereafter, the said land R.S.No.730/2 was divided into parts and renumberd as R.S. No.730/2 measuring 3 acres 6 guntas allotted the share of petitioner No.1 and R.S. No.730/5 measuring 4 acres 23 guntas allotted to the share of Smt. Sattevva (stepmother of petitioner No.1). - 4 - HC-KAR NC: 2025:KHC-D:7773 WP No. 103505 of 2025 3. This being the state of affairs, on 29.05.2024, Smt. Sattevva, without authority, alienated land bearing R.S. No.730/2 measuring 3 acres 6 guntas which was allotted to the share of petitioner No.1 to one Suresh Avadappa Talawar. This lead to filing of the Original Suit No.31/2015 on the file of the learned Principal Civil Judge and JMFC, Chikodi for the relief of declaration of title of the land bearing R.S. No.730/2 measuring 3 acres 6 guntas and other lands. The suit of the plaintiff was dismissed as against defendant No.3 by filing a memo. On the intervention of the elders, the parties entered into a compromise on 30.03.2017 in O.S. No.31/2015 and a compromise decree came to be passed on 16.12.2017. As per the compromise decree, 1 acre 22 guntas out of Rs.No.730/2 of Kabbur was allotted to the share of the petitioners i.e., the plaintiffs in the suit. Hence, the petitioners became the owners in possession of the land measuring 1 acre 22 guntas in R.S. No.730/2. 4. Respondent No.2, on the basis of the spot inspection report conducted by respondent No.3, acting under the provisions of Section 38A of the Karnataka Land - 5 - HC-KAR NC: 2025:KHC-D:7773 WP No. 103505 of 2025 Reforms Act, 1961, included the land measuring 24 guntas out of 1 acre 22 guntas in R.S. No.730/2 belonging to the petitioners as “unrecorded habitation” for Jodatti village on 29.10.2021 and the same was published in the Karnataka Gazette on 17.11.2021. 5. It is the grievance of the petitioners that while preparing the spot inspection report of “unrecorded habitation”, the petitioner was not heard, no notice was issued and no objections were invited by the general public or the petitioners as regards the said “unrecorded habitation”. It is the contention of the petitioners that as on the date of the Notification and the letter dated 18.11.2022, the name of the petitioners were appearing in the revenue records pertaining to the subject land. Therefore, without notifying, without calling for objections, without hearing the petitioners, mutation entries are made with regard to 24 guntas of petitioners’ land. Hence, it is contended by the learned counsel for the petitioners that the same is illegal, contrary to the provisions of the Act and the same requires to be quashed. - 6 - HC-KAR NC: 2025:KHC-D:7773 WP No. 103505 of 2025 6. Per contra, learned AGA contends that the Notification is in conformity with Rule 2(iii-b) of the Karnataka Land Reforms Rules, 1974. Learned AGA does not dispute the fact that the impugned Notification dated 29.10.2021 came to be quashed in the earlier round of petition in Writ Petition No.101121/2022 and connected matter disposed of on 23.01.2024 and in Writ Petition No.106094/2024 disposed of on 16.10.2024, this Court has held as under: 6. It is necessary to see in Rule 2(iii-b) of the Karnataka Land Reforms Rules, 1974: “Unrecorded habitation” means Lambani Tanda, Gollarahatti, Vaddarahatti, Kurubarahatti, Nayakarahatti, Majare Grama, Haadi, Doddi, Palya Camp, Colony or any other such group of unrecorded habitations where an agricultural labourer is ordinarily residing on dwelling house on the land not belonging to him, notified as such in the Official Gazette specifying boundaries and survey numbers by the Deputy Commissioner under Section 38-A of the Act falling within the jurisdiction of a village.” 7. In the instant case, no such opportunity of notice, hearing or inviting of objections has been conducted or provided to the petitioner before passing the impugned - 7 - HC-KAR NC: 2025:KHC-D:7773 WP No. 103505 of 2025 notification and change of entry in the name of Government of Karnataka. Therefore, the impugned notification issued is contrary to Sub-Rule (ii) of Rule 9(b) of Karnataka Land Reforms Rules, 1974. Accordingly, I pass the following : ORDER Petition is allowed. The impugned notification dated 29.10.2021 issued by respondent No.2 at Annexure-A is hereby quashed. The Tahashildar concerned shall restore the name of petitioner by deleting the name of Government in the revenue records in respect of petition property i.e., Sy.No.633/A, measuring 06 acre, 38 guntas and Sy.No.633/B, measuring 06 acre, 14 guntas situated at Kokatanur (Khotanatti) village of Athani taluka in Belagavi District within a period of three weeks from the date of receipt of copy of this order. However, liberty is reserved to the respondent authorities to take steps for issuing notification under Section 38-A of the Karnataka Land Reforms Act, 1961 after duly notifying the petitioner in accordance with law. 7. Under the circumstances, I pass the following: ORDER i. This petition is allowed. - 8 - HC-KAR NC: 2025:KHC-D:7773 WP No. 103505 of 2025 ii. The Notification dated 29.10.2021 bearing No.KamSha/RRC/CR-22/2021-22 issued by the 2nd respondent vide Annexure-A is quashed so far as the petitioners are concerned so also Annexure-B dated 16.02.2022. The names of the petitioners shall be restored with regard to 1 acre 22 guntas in R.S. No.730/2 in the revenue records bearing MR No.T1233 and the name of the Government shall be deleted to an extent of 24 guntas in R.S. No.730/2. This exercise shall be carried out within four weeks from the date of receipt of copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE kmv CT-MCK