- 1 - HC-KAR NC: 2025:KHC-D:12649 WP No. 106680 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106680 OF 2025 (LR) BETWEEN: 1. SMT SULOCHANA D/O SWAMIRAO DESHPANDE NOW URF ROHINI W/O CHANDRAKANTH INAMDAR (DESHPANDE SULOCHANA AS INDICATED IN THE NOTICE) AGE: 72 YEARS OCC: HOUSEHOLD R/O 45, 2ND CROSS, 7TH MAIN SHRITAMPURA, BENGALURU NORTH BENGALURU – 560 021 2. SHRI MALLESHAPPA S/O BHARAMAPPA JADAR AGE: 51 YEARS OCC: AGRICULTURIST R/O SAMMASAGI VILLAGE TALUK: HANAGAL DIST: HAVERI PIN CODE: 581 104 … PETITIONERS (BY SRI. ANNESAHEB SHALAGAR, ADVOCATE AND SRI ALNIDAKHANUM M. KHAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12649 WP No. 106680 of 2025 DR B R AMBEDKAR VEEDHI BENGALURU – 560 001 REPRESENTED BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER, HAVERI DISTRICT ADMINISTRATIVE COMPLEX DEVAGIRI DIST: HAVERI PINCODE: 581 110 3. THE ASSISTANT COMMISSIONER SUB DIVISION SAVANUR TALUK: SAVANUR DIST: HAVERI – 581 118 4. THE TAHASHILDAR, HANGAL TALUK: HANGAL DIST: HAVERI PINCODE: 581 104 … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE NOTICE BEARING NO.KUMGRA.V.VAHI.304/2025-26 DATED 20/08/2025 ISSUED BY THE RESPONDENT NO.2, THE DEPUTY COMMISSIONER, HAVERI DIST:HAVERI, VIDE ANNEXURE-A, IN SO FAR IT RELATES TO PETITIONER NO.1 IS CONCERNED AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 to 4. - 3 - HC-KAR NC: 2025:KHC-D:12649 WP No. 106680 of 2025 2. The petitioners are before this Court seeking for the following reliefs: a. Writ in the nature of certiorari or any other writ or order quashing the Notice bearing No.kumGra.V.Vahi:304/2025-26 dated 20/08/2025 issued by the Respondent No.2, the Deputy Commissioner, Haveri Dist: Haveri vide Annexure-A in so far it relates to Petitioner No.1 is concerned. b. Direct the Deputy Commissioner, Haveri, to keep in abeyance any further proceedings for declaring 34 guntas extent of land of the property bearing Survey No.70/B as “recorded land” or “recorded habitation” until the adjudication of the O.S. No.191/2022 vide Annexure-G pending before the Civil Judge and JMFC, Hangal. c. Issue any writ or direction as deem fit by this Hon’ble Court in the interest of justice and equity. 3. What is being challenged by the petitioners is a notice issued by respondent No.2-Deputy Commissioner calling upon the petitioner to show cause as to why land in Sy.No.63/1, 64A/2 and 70/B are not to be declared as unrecorded habitation under Section 38-A of the Karnataka Land Revenue Act. The petitioner has already replied to the said notice which has been placed on record. - 4 - HC-KAR NC: 2025:KHC-D:12649 WP No. 106680 of 2025 4. Once a reply has been issued to the show cause notice, it would be for the respondents to pass necessary orders after considering the said reply; hence, the question of challenging a notice would not at all arise. Directing the respondents to consider the objections filed by the petitioner, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 119