SMT GANGAVVA W/O NINGAPPA MUGALIKATTI, v. THE STATE OF KARNATAKA,
WP/107121/2025 · 2025-09-25
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53738 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53738 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:13448 WP No. 107121 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107121 OF 2025 (LR) BETWEEN:
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SMT GANGAVVA W/O NINGAPPA MUGALIKATTI, AGE. 55 YEARS, OCC. AGRICULTURAL WORK, R/O. MASANAKATTI, TQ. HANAGAL, DIST. HAVERI-581199 NOW RESIDING AT SANGOR, TQ AND DIST HAVERI
SMT. RATNAVVA W/O MALATESH KONDOJI AGE. 30 YEARS, OCC. AGRICULTURAL WORK, R/O. MASANAKATTI, TQ. HANAGAL, DIST. HAVERI-581199 NOW RESIDING AT SANGOR, TQ AND DIST HAVERI
SRI. PUTTAPPA S/O GUDDAPPA MUGALIKATTI, AGE. 70 YEARS, OCC. AGRICULTURAL WORK, R/O. MASANAKATTI, TQ. HANAGAL, DIST. HAVERI-581199
SRI. MALTESH S/O RAMANNA MUGALIKATTI, AGE. 26 YEARS, OCC. AGRICULTURAL WORK, R/O. MASANAKATTI, TQ. HANAGAL, DIST. HAVERI-581199 SRI. BASAPPA
Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:13448 WP No. 107121 of 2025
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S/O RAMANNA MUGALIKATTI, AGE. 38 YEARS, OCC. AGRICULTURAL WORK, R/O. MASANAKATTI, TQ. HANAGAL, DIST. HAVERI-581199
SMT. SHANTAVVA W/O MALLAPPA MUGALIKATTI, AGE. 60 YEARS, OCC. AGRICULTURAL WORK, R/O. MASANAKATTI, TQ. HANAGAL, DIST. HAVERI-581199 …PETITIONERS (BY SRI. I Y PATIL., ADVOCATE)
AND:
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THE STATE OF KARNATAKA, REPTD BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-01
THE DIRECTOR REVENUE CELL FOR CREATION OF REVENUE VILLAGES IN CHARGE DEPUTY SECRETARY FOR GOVERNMENT REVENUE DEPARTMENT, M.S. BUILDING, AMBEDKAR VEEDI, BENGALURU-01.
THE DEPUTY COMMISSIONER, HAVERI DISTRICT, HAVERI-581110.
ASSISTANT COMMISSIONER, HAVERI DISTRICT, HAVERI-581110.
THE TAHASILDAR, HANAGAL, TALUK: DISTRICT HAVERI-581110. …RESPONDENT (BY SRI. T. HANUMAREDDY., AGA FOR R1 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
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HC-KAR NC: 2025:KHC-D:13448 WP No. 107121 of 2025
CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE OFFICE
ORDER BEARING NO. KRAMA.VAHI143/2024-25 DATED 03.06.2025 PASSED BY THE TAHSILDAR HANAGAL/RESPONDENT NO.5, VIDE ANNEXURE-B IN RESPECT OF THE VIVEKANAND NAGAR OF MASANANAKATTI VILLAGE AND NOTICE ISSUED BY THE RESPONDENT NO.3 IN KRAMA.VAHI.303/2025-26 DATED 20.08.2025 TO THE PETITIONER NO.3 INSOFAR SY NO.100/2 OF MASANAKATTI VILLAGE, TQ.
HANAGAL, VIDE ANNEXURE-C AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned AGA accepts notice for respondents No.1 to 5.
2. IA-1/2025 is allowed. Production of certified copy is dispensed with.
3. The petitioner is before this Court seeking for the following reliefs: a) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the office order bearing No. Krama.Vahi43/2024-25 dated 03.06.2025 passed by the Tahsildar Hanagal/Respondent No.5, vide Annexure-B in respect of the Vivekanand Nagar of Masanakatti Village and notice issued by the R3 in Krama. Vahi.303/2025-26 dated 20.08.2025 to the petitioner No.3 insofar Sy.No.100/2 of Masanakatti village, Tq: Hanagal, Vide Annexure-C. b) Issue a writ of mandamus directing the Deputy Commissioner/R3 not to notify the land under
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HC-KAR NC: 2025:KHC-D:13448 WP No. 107121 of 2025
Section 38-A of the Land Reform Act pursuant to the Report submitted by the Tahsildar Hanagal/R5, vide Annexure-B in Krama.Vahi143/2024-25 dated
3.6.2025. c) Grant such other relief/s that this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity.
4. What has essentially been challenged is the notice which had been issued by the Deputy Commissioner as regards the proposal to declare the land of the petitioner as an unrecorded habitation.
5. In that view of the matter, the petitioner having already replied to same to the Tahsildar is permitted to submit a fresh reply to the Deputy Commissioner within in 10 days from today, which shall be considered by the Deputy Commissioner and necessary orders passed in accordance with law.
Sd/- (SURAJ GOVINDARAJ) JUDGE
LN List No.: 1 Sl No.: 41