- 1 - HC-KAR NC: 2025:KHC-D:9673 WP No. 104894 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.104894 OF 2025 (KLR-RES) BETWEEN: 1. SMT. LAKSHMAVVA W/O. PUTTAPPA MODUR, AGE: 64 YEARS, OCC: AGRICULTURE. 2. SHRI. NINGAPPA S/O. HANUMANTA MODUR, AGE: 64 YEARS, OCC: AGRICULTURE. 3. SHRI. BASAPPA S/O. HANUMANTAPPA MADURA, AGE: 39 YEARS, OCC: AGRICULTURE. 4. SHRI. RAMESH S/O. BHIMAPPA MODUR, AGE: 41 YEARS, OCC: AGRICULTURE. 5. SHRI. SURESH B MODUR, AGE: 45 YEARS, OCC: AGRICULTURE. 6. SHRI. KUMAR S/O. JAGDISH MODUR, AGE: 35 YEARS, OCC: AGRICULTURE, 7. SHRI. SHIVAPPA S/O. BASAPPA MODUR, AGE: 74 YEARS, OCC: AGRICULTURE. 8. SHRI. GANESHAPPA S/O. BASAPPA MODUR, AGE: 64 YEARS, OCC: AGRICULTURE. 9. SHRI. NAGAPPA S/O. HANUMANTAPPA MODUR, AGE: 77 YEARS, OCC: AGRICULTURE. 10. SHRI. GANESHA S/O. HONNAPPA MODUR, AGE: 52 YEARS, OCC: AGRICULTURE. 11. SHRI. CHANDRAPPA S/O. HANUMANTAPPA MODUR, AGE: 40 YEARS, OCC: AGRICULTURE. 12. SHRI. RAJENDRA S/O. PUTTAPPA MODUR, AGE: 64 YEARS, OCC: AGRICULTURE. SAROJA HANGARAKI Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.07 11:58:21 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9673 WP No. 104894 of 2025 ALL ARE R/O: ARASHINGUPPI, SHESHAGIRI, TQ: HANAGAL, DIST: HAVERI – 581 102. …PETITIONERS (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPTD. BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU – 01. 2. THE DIRECTOR REVENUE CELL FOR CREATION OF REVENUE VILLAGES AND IN CHARGE DEPUTY SECRETARY FOR GOVERNMENT REVENUE, DEPARTMENT, M.S BUILDING, AMBEDKAR VEEDI, BENGALURU – 01. 3. THE DEPUTY COMMISSIONER, HAVERI, DISTRICT HAVERI – 581 110. 4. ASSISTANT COMMISSIONER, HAVERI DISTRICT HAVERI – 581 110. 5. THE TAHASILDAR, HANAGAL, TALUK DISTRICT HAVERI – 581 110. 6. PDO, GRAM PANCHAYAT, ARASHINGUPPI, SHESHAGIRI, TQ: HANAGAL, DIST: HAVERI – 581 102. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R5; NOTICE TO R6 IS DISPENSED WITH V/O DATED: 04.08.2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE OFFICE ORDER DATED 03-06-2025 PASSED BY THE TAHSILDAR HANAGAL/RESPONDENT NO.5, VIDE ANNEXURE-G IN KRAMA.VAHI43/2024-25 IN RESPECT OF SY.NO.105/1 AND 105/2 ARE CONCERNED. ISSUE A WRIT OF MANDAMUS DIRECTING THE DEPUTY COMMISSIONER/RESPONDENT NO.3 NOT TO NOTIFY THE LAND UNDER SECTION 38-A OF THE LAND REFORMS ACT PURSUANT TO THE REPORT SUBMITTED BY THE TAHASILDAR HANAGAL/RESPONDENT NO.5, VIDE ANNEXURE-G IN KRAMA.VAHI43/2024-25 AND ETC., - 3 - HC-KAR NC: 2025:KHC-D:9673 WP No. 104894 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 5. 2. Notice to respondent No.6 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 of certiorari or any other appropriate writ, order or direction, quashing the office order dated 03-06-2025 passed by the Tahsildar Hanagal/ Respondent No.5, vide Annexure-G in KRAMA.VAHI43/2024-25 in respect of Sy.No.105/1 and 105/2 are concerned. b. Issue a Writ of Mandamus directing the Deputy Commissioner/Respondent No.3 not to notify the land under Section 38-A of the Land Reforms Act pursuant to the Report submitted by the Tahasildar Hanagal/Respondent no.5, vide Annexure-G in KRAMA.VAHI43/2024-25. c. Pass such other appropriate writ, order or direction as this Hon’ble Court deems fit in the interest of justice and equity, including the cost of the proceedings. - 4 - HC-KAR NC: 2025:KHC-D:9673 WP No. 104894 of 2025 4. The grievance of the petitioners is that respondent No.3 has issued a notification under Section 38A of the Karnataka Land Reforms Act, 1961 declaring the lands of the petitioners in Sy.Nos.105/1 and 105/2 as unrecorded habitation. 5. The submission of learned counsel for the petitioners is that the petitioners being the owners of the said lands and being in occupation thereof, no notice has been issued to the petitioners nor a public notice issued so as to enable the petitioners to submit their objections. His further submission is that if the revenue records had been perused, the right, title and interest of the petitioners in the said survey numbers, would have been clear to the Deputy Commissioner. As such, he submits that the notification issued is without any basis and is required to be quashed. 6. This Court is coming across several matters where notifications under Section 38A of the Karnataka - 5 - HC-KAR NC: 2025:KHC-D:9673 WP No. 104894 of 2025 Land Reforms Act, 1961, have been issued by the Deputy Commissioner, without issuing any public notice and or even verifying the revenue records. The RTC’s, which have been produced along with the present petition at Annexure-A indicates the right, title and interest of the petitioners in respect of the aforesaid properties. 7. Such being the case, the Deputy Commissioner could not have without verifying the revenue records pertaining to the relevant properties gone ahead and issued notification under Section 38A of the Karnataka Land Reforms Act, 1961. The Deputy Commissioner will be well advised to in future refer to all the revenue documents, obtain the details as regards the properties, which are proposed to be notified under Section 38A of the Karnataka Land Reforms Act, 1961 before issuing any notification. 8. In the event of any entries available in the revenue records, notices would necessarily have to be issued - 6 - HC-KAR NC: 2025:KHC-D:9673 WP No. 104894 of 2025 to the persons named in the said revenue records. In the event of no entries in revenue records being available, the notifications issued under Section 38A of the Karnataka Land Reforms Act, 1961, would have to record such a statement so that the same could be verified in the event of any challenge being made. 9. Respondent No.1 is directed to issue necessary instructions to all the Deputy Commissioners coming under his jurisdiction in respect of the above observations. 10. In view of the above, I pass the following: ORDER i) Writ petition is allowed. ii) A Writ of certiorari is issued. The notification dated 03.06.2025 bearing No.PÀAUÁæ:ªÀ»:43/2024-25 at Annexure-G insofar as Sy.Nos.105/1 and 105/2 is concerned is quashed. - 7 - HC-KAR NC: 2025:KHC-D:9673 WP No. 104894 of 2025 iii) In the event of the Deputy Commissioner coming to the conclusion that the said lands are required for any public purpose, the Deputy Commissioner would be at liberty to initiate such proceedings for acquisition in terms of the applicable law. iv) Though the above petition is disposed re-list on 09.09.2025 to enable respondent No.1 to place the instructions issued to the Deputy Commissioners on record. I.A.No.1/2025 stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE sh/CT-ASC List No.: 1 Sl No.: 20