- 1 - HC-KAR NC: 2025:KHC-D:17195 WP No. 77619 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 77619 OF 2013 (KLR-RR/SUR) BETWEEN: 1. ZAKIR HUSSAIN S/O. IMAM BAKSHA MOMIM, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. PACHAPUR, TQ: HUKKERI, DIST: BELGAUM-590 001. 2. SAMEENA S/O. ZAKIR HUSSAIN MOMIM, AGE: 19 YEARS, OCC. NIL, R/O. PACHAPUR, TQ: HUKKERI, DIST: BELGAUM-590 001. 3. SALMAN S/O. ZAKIR HUSSAIN S. MOMIM, AGE: 12 YEARS, OCC. NIL, R/O. PACHAPUR, TQ: HUKKERI, DIST: BELGAUM-590 001. 4. SAKIB S/O. ZAKIR HUSSAIN S. MOMIM, AGE: 06 YEARS, OCC. NIL, R/O. PACHAPUR, TQ: HUKKERI, DIST: BELGAUM-590 001. NOTE: PETITIONERS 3 AND 4 SINCE MINOR AND ARE R/BY NEXT FRIEND PETITIONER NO.1. … PETITIONERS (BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE) CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:17195 WP No. 77619 of 2013 AND: 1. THE TECHNICAL ASSISTANT TO THE DEPUTY COMMISSIONER AND THE DESIGNATED DEPUTY DIRECTOR OF LAND RECORDS, BELGAUM, DIST: BELGAUM-590 001. 2. THE TAHASHILDAR, CITY SURVEY HUKKERI, TQ: HUKKERI, DIST: BELGAUM-590 001. 3. THE CITY SURVEYOR, TAHASHILDAR OFFICE, HUKKERI, DIST: BELGAUM-590 001. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI AND QUASH THE ORDER DATED 25.04.2012 PASSED IN NO.Ka.Ni/Vahi-196/11-12 BY RESPONDENT NO.1 VIDE ANNEXURE-D, MEET THE ENDS OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17195 WP No. 77619 of 2013 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 25.04.2012 at Annexure-D. In terms of the said order, the Technical Assistant to the Deputy Commissioner has rejected the petitioner's claim to enter his name in the property records of C.T.S Sy.No.353/13 to the extent of 186.87 sq.mtrs. which is the eastern half portion in the said C.T.S. Sy.No.353/13 measuring 373.75 square meters in all. 2. The petitioner's contention is that he purchased the property under the registered sale deed dated 10.11.2006 from the previous owner and since then, he is in exclusive possession of the property. Petitioner contends without notice to him the property records are changed and the entry is made in the property records recording the property as a garden and a Civic Amenity Site. It is submitted that such change is effected in the year 2012 without notice to the petitioner. 3. From the impugned order it is noticed that the respondents are contending that the property in question is a Civic Amenity Site and a Garden. - 4 - HC-KAR NC: 2025:KHC-D:17195 WP No. 77619 of 2013 4. Learned counsel for the petitioner submits that similar question was raised in Writ Petition No.69918/2012 and the Court has held that the order is passed without issuing notice to the petitioner. 5. Learned Government Advocate has not produced any records to show that notice is issued to the petitioner before passing the order at Annexure - D. 6. Hence the following: ORDER (i) Writ Petition is allowed. (ii) The impugned order dated 25.04.2012 passed by the Technical Assistant to the Deputy Commissioner is set- aside. (iii) The entry made in the property records recording it as a garden without issuing notice to the petitioner has to be deleted and petitioner’s name is to be entered in the property records which will be subject to the result of the final order to be passed. - 5 - HC-KAR NC: 2025:KHC-D:17195 WP No. 77619 of 2013 (iv) Matter is remitted to the Technical Assistant to the Deputy Commissioner to pass orders after issuing notice to the petitioner and considering the petitioner's claim. (v) It is made clear that this Court has not expressed anything on the merits of the matter. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN CT:BCK LIST NO.: 2 SL NO.: 8