- 1 - HC-KAR NC: 2025:KHC-D:11910 WP No. 106740 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106740 OF 2025 (KLR-RES) BETWEEN: SHRI. VEERAKTHMATH GURUSIDAYYA SWAMY @ SANGABASAVA SWAMY GURUMURGHARAJEDRA SWAMY, AGE: 65 YEARS, OCC: MATHADISHA, RESIDING AT VIRAKTH MATH ONI, SHIGGAON DIST: HAVERI – 581 205. …PETITIONER (BY SRI. SHRIKANT T. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDBHA, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, HAVERI DISTRICT, HAVERI – 581 110. 3. THE ASSISTANT COMMISSIONER, SHIGGAON SUB DIVISION, DISTRICT HAVERI - 581 110. 4. THE TAHSILDAR, SHIGGAON TALUK, DIST: HAVERI - 581 110. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS, OFFICE OF ADLR SHIGGAON TALUK, DIST: HAVERI - 581 110. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R5) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11910 WP No. 106740 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 24.07.2025 PASSED BY THE DEPUTY COMMISSIONER, HAVERI, IN CASE NO. KUM GRAMA V VAHI.133/2025-26 VIDE ANNEXURE-F. QUASH THE PRELIMINARY NOTIFICATION ISSUED BY THE GOVERNMENT OF KARNATAKA VIDE ANNEXURE-G. A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE DEPUTY COMMISSIONER HAVERI HAS ISSUED FORM NO 2E (SUB-RULE (3) OF RULE 9-B) BEARING NO KAMGRA/CR.133/2025-26 DATED 06/08/2025 VIDE ANNEXURE-H AND ETC., 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. The petitioner is before this Court seeking for the following reliefs: 1. A writ of Certiorari to Quash the impugned order dated 24.07.2025 passed by the Deputy Commissioner, Haveri, in Case No. KUM GRAMA V VAHI.133/2025-26 vide Annexure-F. 2. Quash the Preliminary Notification issued by the Government of Karnataka vide Annexure-G. 3. A Writ of Certiorari to quash the impugned order passed by the Deputy Commissioner Haveri has issued Form no 2E (Sub-rule (3) of Rule 9-B) bearing No KAMGRA/CR.133/2025- 26 dated 06/08/2025 vide Annexure-H. - 3 - HC-KAR NC: 2025:KHC-D:11910 WP No. 106740 of 2025 4. Grant any other order or relief as this Hon’ble Court may deem fit, in the interest of justice and equity. 3. The grievance of the petitioner is that, final notification in Form 2E under Section 38A of the Karnataka Land Reforms Act, 1961, has been issued on 06.08.2025, without serving a notice of enquiry on the petitioner. 4. Learned AGA would submit that, the notice has been issued in terms of Annexure-D, but however, there is nothing on record to indicate that notice has been issued and no reply has been received from the petitioner. 5. A perusal of Annexure-D does not indicate any acknowledgment on the part of the petitioner. On an earlier notice which had been issued at Annexure-B on 24.06.2025, the petitioner has submitted a reply on 27.06.2025. Though such a reply had been submitted, - 4 - HC-KAR NC: 2025:KHC-D:11910 WP No. 106740 of 2025 the same has not formed part of the consideration at Annexures G or H. 6. In that view of the matter, I pass the following: ORDER i. Writ Petition is allowed. ii. The order dated 24.07.2025 at Annexure-F, the preliminary notification at Annexure-G and the final notification dated 06.08.2025 at Annexure- H are quashed. iii. The matter is remitted to the Deputy Commissioner for fresh enquiry. iv. The petitioner shall submit his detailed reply, as also submit for enquiry by appearing before the Deputy Commissioner on 25.09.2025 at 02.30 p.m. without requirement of any further notice. Sd/- (SURAJ GOVINDARAJ) JUDGE gab/CT-ASC List No.: 1 Sl No.: 41