- 1 - HC-KAR NC: 2025:KHC-D:12697 WP No. 107008 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107008 OF 2025 (KLR-RES) BETWEEN: 1. SRI CHANNABASAPPA S/O HANUMATHAPPA HOLIYEPPANAVAR, AGE. 64 YEARS, OCC. AGRI., R/O. BASAVESHWAR NAGAR KOPPAL, TQ AND DIST. KOPPAL-583 231. 2. SMT. K.M. LAXMI W/O B.A. TIPPESWAMI, AGE. 61 YEARS, OCC. AGRI., R/O. JAGALU, TQ. JAGALUR, DIST. DAVANAGERI-577 528. …PETITIONERS (BY SRI. B.C JNANAYYASWAMI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHANASOUDHA BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, KOPPAL, DISTRICT. KOPPAL-583 231. 3. THE ASSISTANT COMMISSIONER, KOPPAL SUB DIVISION, KOPPAL-583231. 4. THE TAHASILDAR, KOPPAL. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12697 WP No. 107008 of 2025 5. VILLAGE ACCOUNTANT HUVINAL VILLAGE, TALUK AND DISTRICT. KOPPAL-583231. 6. THE P.D.O., BAHADDUR BANDI GRAM PANCHAYATH, TALUK AND DISTRICT. KOPPAL-583 231. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A) QUASHING THE NOTICE DATED 12.09.2025 BEARING NO.TOKPL/LNDOUS21/232/2025/E-378629 ISSUED BY THE RESPONDENT NO.2 UNDER FORM 2-E PRODUCED AS ANNEXURE-E TO THE WRIT PETITION. B) COST AND SUCH OTHER RELIEFS DEEM FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for Respondent Nos.1 to 6. 2. The petitioners are before this Court seeking for the following reliefs: A) Quashing the notice dated 12.09.2025 bearing No.TOKPL/LNDOUS21/232/2025/E-378629 issued by - 3 - HC-KAR NC: 2025:KHC-D:12697 WP No. 107008 of 2025 the respondent No.2 under Form 2-E produced as ANNEXURE-E to the Writ Petition. B) Cost and such other reliefs deem fit to grant under the circumstances of the case. 3. The grievance of the petitioners is that no prior notice either personal or public was issued to them, despite their names being reflected in the revenue records as owners of the land in Survey Nos. 105/*/1 and 122/*/1. 4. This Court, in multiple decisions, has held that before initiating action under Section 38-A of the Karnataka Land Revenue Act, 1964 it is mandatory to issue a personal notice to the persons whose names appear in the revenue records, and also to publish a public notice. 5. In the present case, there is no material to show that any such personal or public notice was issued. Therefore, the impugned notice cannot be sustained. Accordingly, the following: - 4 - HC-KAR NC: 2025:KHC-D:12697 WP No. 107008 of 2025 ORDER i. The writ petition is allowed. ii. The notice dated 12.09.2025 bearing No. TOKPL/LNDOUS21/232/2025/E-378629 issued by Respondent No.2 (Annexure-E) is hereby quashed. iii. Liberty is reserved to the respondents to initiate proceedings afresh in accordance with law, after issuing appropriate notice to all affected parties, as required under the applicable statutory provisions. In view of disposal of writ petition, pending IAs, if any stand dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE VB/CT: UMD/List No.: 1 Sl No.: 38