- 1 - HC-KAR NC: 2025:KHC-D:12122 WP No. 101932 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101932 OF 2024 (KLR-RES) BETWEEN: 1. SHABIRABI W/O. REHAMANSAB TUMMINAKATTI, AGE: 56 YEARS, OCC. HOUSEHOLD WORK AND AGRICULTURE, R/O. HALLUR, TQ. HIREKERUR, DIST. HAVERI-581111. 2. DILSHADABI W/O. MODINSAB ADINAVAR, AGE: 54 YEARS, OCC. HOUSEHOLD WORK AND AGRICULTURE, R/O INDIRANAGAR, MALEBENNUR, TQ. HARIHARA, DIST. DAVANAGERE-577530. 3. NAGINA W/O. BABAJANASAB, AGE: 48 YEARS, OCC. HOUSEHOLD WORK AND AGRICULTURE, R/O. ASHRAYA LAYOUT, NEAR AYYAPPASWAMY TEMPLE, TQ. SHIKARIPURA, DIST. SHIVAMOGGA-577427. 4. SHAMSHOON W/O. GOUSEMODIN JAMBOOR, AGE: 42 YEARS, OCC. HOUSEHOLD WORK AND AGRICULTURE, R/O. SAGARA, TQ. SAGARA, DIST. SHIVAMOGGA-577401. 5. SHAHJADABI W/O. HUSSAINSA MAKANDAR, AGE: 40 YEARS, OCC. HOUSEHOLD WORK AND AGRICULTURE, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12122 WP No. 101932 of 2024 R/O. AZADNAGAR, TQ . HIREKERUR, DIST. HAVERI-581111. 6. IMTIYAZ S/O. RAJESAB, AGE: 28 YEARS, OCC. AGRICULTURE, R/O KAVASPUR, TQ. SHIKARIPURA, DIST. SHIVAMOGGA-577427. …PETITIONERS (BY SRI. HARSHAWARDHAN M. PATIL AND SRI. M.H. PATIL, ADVOCATES) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, BY ITS PRINCIPAL SECRETARY, VIDHAN SOUDHA, BENGALURU-560001. 2. THE PRESIDENT THE BAGARHUKUM SAGUAVLI SAKRAMIKARANA SAMITHI, HIREKERUR, TQ. HIREKERUR, DIST. HAVERI-581111. 3. THASHILDAR TQ. HIREKERUR, DIST. HAVERI-581111. 4. ALLABHAKSH S/O. GOUSESAB MULTANAVAR, AGE: 55 YEARS, OCC. AGRICULTURE, R/O. HALLUR, TQ. HIREKERUR, DIST. HAVERI-581111. 5. JAMEELABI W/O. KALEELSAB, AGE: 50 YEARS, OCC.HOUSEHOLD WORK, R/O. RANEBENNUR, TQ. RANEBENNUR, DIST.HAVERI-581115. 6. SHABINA W/O. HAZARATALI, AGE: 50 YEARS, OCC.HOUSEHOLD WORK, R/O MALEBENNUR, TQ.MALEBENNUR, - 3 - HC-KAR NC: 2025:KHC-D:12122 WP No. 101932 of 2024 DIST.DAVANAGERE-577530. 7. SHIRINI D/O. RAJESAB, AGE: 26 YEARS, OCC. STUDENT, R/O. KAVASPUR, TQ. SHIKARIPURA, DIST.SHIVAMOGGA-577427. 8. TABREZ S/O. RAJESAB AGE: 23 YEARS, OCC.STUDENT, R/O. KAVASPUR, TQ. SHIKARIPURA, DIST.SHIVAMOGGA-577427. 9. NASARIN D/O. RAJESAB, AGE: 21 YEARS, OCC.STUDENT, R/O. KAVASPUR, TQ.SHIKARIPURA, DIST.SHIVAMOGGA-577427. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3; NOTICE TO R4 TO R9 IS DISPENSED WITH) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED. 19-02-1997 PASSED BY RESPONDENT NO. 2 VIDE ANNEXURE-B. B) ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER NO. 4/14/91-92 DATED. 27-08-1998 PASSED BY RESPONDENT NO. 3 VIDE ANNEXURE-C AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:12122 WP No. 101932 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 3. 2. Notice to respondent Nos.4 to 9 is dispensed with in view of the proposed order to be passed: 3. The petitioners are before this Court seeking for the following reliefs: a. Issue a Writ in the nature of Certiorari by quashing the impugned order dated. 19-02- 1997 passed by respondent No. 2 vide Annexure-B. b. Issue Writ in the nature of Certiorari by quashing the impugned order no. 4/14/91-92 dated. 27-08-1998 passed by respondent no. 3 vide Annexure-C. c. Issue any other reliefs as this Hon’ble Court deems fit in the circumstances in the interest of justice and equity. 4. The contention of the petitioners is that the petitioners and respondent No.4 had been jointly cultivating the property measuring 3 acres out of 23 acres 9 guntas in Survey No.65, Hallur Village, Hirekerur taluk. Respondent No.4 had filed an application in Form - 5 - HC-KAR NC: 2025:KHC-D:12122 WP No. 101932 of 2024 No.50 for regularization of the unauthorised occupation of respondent No.4 in respect to the said land. The said application came to be rejected by respondent No.2 vide order dated 19.02.1997 at Annexure-B on the ground that respondent No.4 was not personally cultivating the said land and that he was gainfully employed with a salary of ₹30,000/- as a teacher in a Government Primary School. It is this order which the petitioners are challenging in the present matter contending that they have been jointly cultivating with respondent No.4. 5. Admittedly, respondent No.4 has not challenged the said order. In fact, the petitioners have arraigned the applicant as a respondent, with whom they are allegedly cultivating the said land. 6. A perusal of the application which has been filed by the respondents indicates that the same has been filed in the individual capacity and not on or behalf of - 6 - HC-KAR NC: 2025:KHC-D:12122 WP No. 101932 of 2024 benefit of the family including the petitioners. For both the above reasons i.e. the applicant not having challenged the said order and secondly on the ground that the application ex-facie has been filed only on behalf of respondent No.4, the petitioners cannot maintain the above petition. 7. Petition stands dismissed. 8. IA No.1/2025 is allowed. production of certified copy of Annexure-B is dispensed with. Sd/- (SURAJ GOVINDARAJ) JUDGE SH Ct:pa List No.: 1 Sl No.: 41