- 1 - HC-KAR NC: 2025:KHC-D:18127 WP No. 103612 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103612 OF 2023 (KLR-RES) BETWEEN: 1. CHETAN S/O GANAPATHI PATIL, AGE. 40 YEARS, OCC. AGRICULTURIST, 2. LEENA S/O GANAPATHI PATIL, AGE. 37 YEARS, OCC. AGRICULTURIST, 3. GANAPATHI S/O RAMRAYA PATIL, AGE. 67 YEARS, OCC. AGRICULTURIST, ALL ARE R/O. DASNUR VILLAGE, TQ. KALGHATGI, DIST. DHARWAD PRESENTLY RESIDING AT: HOUSE NO.7, MICHIGAN COMPOUND, CITB COLONY, SAPTAPUR-580 001, TQ AND DIST. DHARWAD. … PETITIONERS (BY SRI. NARAYAN V. YAJI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY. 2. THE COMMISSIONER, DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS OFFICE, K.R. CIRCLE, BENGALURU-560 001. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.12.17 12:04:05 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18127 WP No. 103612 of 2023 3. THE DEPUTY DIRECTOR OF LAND RECORDS, DHARWAD DIVISION, NEAR K.C. PARK, DHARWAD-580 008. 4. THE DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD-580 001. 5. THE ASSISTANT COMMISSIONER, DHARWAD SUB DIVISION, DHARWAD-580 001. 6. THE TAHSILDAR, KALGHATAGI TALUK, KALGHATAGI, DIST. DHARWAD-581 204. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED REPORT/RECOMMENDATION MADE BY THE 5TH RESPONDENT DATED 17.10.2022 BEARING NO. LND/«.ªÀ.- 221/2016-2017 VIDE ANNEXURE-T TO THE WRIT PETITION AND THE IMPUGNED ORDER PASSED BY THE 4TH RESPONDENT DATED 01.02.2023 BEARING NO. LND/CR-110/2022-2023 VIDE ANNEXURE-V TO THE WRIT PETITION ARE ILLEGAL AND UNCONSTITUTIONAL; CONSEQUENTLY, ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 4, 5 AND 6 TO RESTORE THE ASSESSMENT OF REVENUE IN ALL REVENUE IN RESPECT OF LAND BEARING SURVEY NO.34 A 3/2 AND 34 A3/3 DATED NIL BEARING NO. NIL AS REFLECTED IN ANNEXURE-C TO THE WRIT PETITION WITH IMMEDIATE EFFECT AND ALSO DIRECT THE RESPONDENT NO.4, 5 AND 6 TO SUBMIT COMPLIANCE REPORT TO THIS COURT AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18127 WP No. 103612 of 2023 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India assailing the orders marked as Annexures-T and V. 2. In terms of the order marked as Annexure-T, dated 17.10.2022, the Assistant Commissioner has recommended cancellation of the grant said to have been made in favour of the petitioners. 3. In terms of the order marked as Annexure-V, dated 01.02.2023, the Deputy Commissioner has cancelled the grant and directed the Assistant Commissioner to take possession of the land in question from the petitioners. 4. These orders are called in question on the premise that the land in question was purchased by the petitioners under the registered Sale Deed dated 22.12.2003. The petitioners further claim that the land in question was - 4 - HC-KAR NC: 2025:KHC-D:18127 WP No. 103612 of 2023 granted to the petitioners’ vendor under the Bombay Pargana and Kulkarni Watans (Abolition) Act, 1950. It is also submitted that the entry is made in the name of the State, despite the interim order granted dated 14.06.2023. 5. Learned Additional Government Advocate appearing for the respondents would submit that orders are passed as the grant order in favour of the petitioners’ vendor was illegal and the petitioners’ vendor was not eligible for the grant. 6. The Court has considered the contentions raised at the Bar and perused the records. 7. There is nothing on record to show that the petitioners were heard before passing the impugned orders by the Assistant Commissioner as well as the Deputy Commissioner. 8. Hence, the following: - 5 - HC-KAR NC: 2025:KHC-D:18127 WP No. 103612 of 2023 ORDER a) The petition is allowed. b) The order marked as Annexure-T, dated 17.10.2022, passed by the Assistant Commissioner, and the order marked as Annexure-V, dated 01.02.2023, passed by the Deputy Commissioner, are set aside. c) It is made clear that this Court has not expressed anything on the merits of the claim of either of the parties relating to the title of the property. d) In case the respondents/State has any claim over the property on the premise that the properties are not properly granted to the petitioners’ vendor, then the respondents/State has to initiate - 6 - HC-KAR NC: 2025:KHC-D:18127 WP No. 103612 of 2023 appropriate proceeding in accordance with law with due notice to the petitioners. e) Since the petitioners’ name is deleted from the property records pursuant to the impugned orders, the petitioners’ names has to be restored in the property records within 30 days from the date of receipt of certified copy of the order. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 65