- 1 - HC-KAR NC: 2025:KHC-D:9170 WP No. 104966 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104966 OF 2025 (KLR-RES) BETWEEN: BHIMAPPA S/O. YALLAPPA BHAGAWATI, AGE: 73 YEARS, OCC: AGRICULTURE, R/O. JODATTI-591 222, TQ: CHIKKODI, DIST: BELAGAVI. …PETITIONER (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001, REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER, BELAGAVI, D.C. OFFICE COMPOUND, BELAGAVI-590001. 3. THE ASSISTANT COMMISSIONER, CHIKKODI SUB-DIVISION, MINI VIDHAN SOUDHA, CHIKKODI-591 201, DIST: BELAGAVI. 4. THE TAHASHILDAR, CHIKKODI, MINI VIDHAN SOUDHA, CHIKKODI-591 201, DIST: BELAGAVI. 5. THE ASSISTANT DIRECTOR OF LAND RECORD, CHIKKODI TALUKA, CHIKKODI-591201, DIST: BELAGAVI. 6. THE REVENUE INSPECTOR, NAGARAMUNNOLI HOBLI, VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9170 WP No. 104966 of 2025 MINI VIDHAN SOUDHA, CHIKKODI-591201, DIST: BELAGAVI. 7. THE VILLAGE ACCOUNTANT, KABBUR, KABBUR VILLAGE-591 222, TQ: CHIKKODI, DIST: BELAGAVI. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE NOTIFICATION DATED 29.10.2021 BEARING NO. KAMSHA/RRC/CR-21/2021-22 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE –D, IN SO FAR IT RELATES TO PETITIONER. B. ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE MUTATION EXTRACT BEARING MR NO. T827 DATED 22.12.2021 CERTIFIED BY THE RESPONDENT NO.6 VIDE ANNEXURE-E, IN SO FAR IT RELATES TO PETITIONER 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 PRADEEP SINGH YERUR) The petitioner, in this petition, prays for issuance of a writ in the nature of certiorari to quash the Notification dated 29.10.2021 bearing No. KamSha/RRC/CR-21/ 2021-22 issued by Respondent No.2, as well as the Mutation Extract bearing MR No.T827 dated 22.12.2021 - 3 - HC-KAR NC: 2025:KHC-D:9170 WP No. 104966 of 2025 certified by respondent No.6, insofar as they relate to the petitioner’s land. 2. The brief facts of the case are that the petitioner is the absolute owner and in possession of land bearing Sy.No.851/12 (earlier Sy. No. 851/3K) measuring 33 Guntas 4 Ana situated at Kabbur Village, Chikkodi Taluka, Belagavi District. The land originally formed part of Sy.No.851/3, which measured 3 Acres 17 Guntas. Pursuant to a family partition, the petitioner’s name came to be mutated in the revenue records to the extent of his 1/4th share, as per ME No.12989. 3. Thereafter, the land allotted to the petitioner’s share was assigned a separate sub-number as Sy.No.851/3K. The petitioner continues to be in possession and cultivation of the said land till today. 4. It is the grievance of the petitioner that the respondent No.2, based on a Spot Inspection Report purportedly conducted by respondent No.3 under Section 38A of the Karnataka Land Reforms Act, 1961 (for short - 4 - HC-KAR NC: 2025:KHC-D:9170 WP No. 104966 of 2025 ‘the Act’), included 10 Guntas out of the petitioner’s land in Sy.No.851/3K as unrecorded habitation for Jodatti Village by Notification dated 29.10.2021, published in the Karnataka Gazette on 17.11.2021. 5. Counsel for the petitioner contends that no notice was issued nor was he heard either before preparing the Spot Inspection Report or before issuing the Notification. Subsequently, respondent No.4 was directed to mutate the name of the Government in respect of the said 10 Guntas. The name of the Government was accordingly entered by Mutation Extract MR No.T827 dated 22.12.2021. 6. Learned counsel for the petitioner submits that these actions have been undertaken in violation of the principles of natural justice and the mandatory procedure under Rule 9(b)(ii) of the Karnataka Land Reforms Rules, 1974, and Section 129 of the Karnataka Land Revenue Act,1964, which require publication, notice to the - 5 - HC-KAR NC: 2025:KHC-D:9170 WP No. 104966 of 2025 landholder and an opportunity of hearing before effecting any such mutation. 7. It is further contended that no compensation has been awarded for notifying the petitioner’s private land as Government land. 8. Learned counsel further contends that in similarly placed case, very same impugned notification came to be quashed in Writ Petition No.106094/2024. 9. Per Contra, the learned AGA contends that notification is in conformity with Rule 2(iii-b) of the Karnataka Land Reforms Rules, 1974. Learned AGA does not dispute the fact that in the earlier round of litigation, similar notification came to be quashed reserving liberty to the respondent authorities. Same is placed on record. 10. It is necessary to see in Rule 2(iii-b) of the Karnataka Land Reforms Rules, 1974: “Unrecorded habitation” means Lambani Tanda, Gollarahatti, Vaddarahatti, Kurubarahatti, Nayakarahatti, Majare Grama, Haadi, Doddi, Palya Camp, Colony or any other such group of unrecorded habitations where an - 6 - HC-KAR NC: 2025:KHC-D:9170 WP No. 104966 of 2025 agricultural labourer is ordinarily residing on dwelling house on the land not belonging to him, notified as such in the Official Gazette specifying boundaries and survey numbers by the Deputy Commissioner under Section 38-A of the Act falling within the jurisdiction of a village.” 11. Heard the learned counsel for the petitioner and perused the material on record. This Court is of the considered view that the Notification dated 29.10.2021 and the consequent Mutation Entry dated 22.12.2021 have been passed in clear breach of the principles of natural justice. The records indicate that no notice was served on the petitioner and no opportunity was given to submit objections before the petitioner’s name was deleted and the land was notified as unrecorded habitation. 12. In view of the above facts, this Court finds that the impugned Notification and Mutation Entry cannot be sustained in law. 13. Accordingly, I pass the following: ORDER i. The Writ Petition is hereby allowed. - 7 - HC-KAR NC: 2025:KHC-D:9170 WP No. 104966 of 2025 ii. The Notification dated 29.10.2021 bearing No. KamSha/RRC/CR-21/2021- 22 issued by respondent No.2 vide Annexure-D, insofar as it relates to the petitioner’s land measuring 10 Guntas out of Sy. No. 851/12 (Old Sy. No. 851/3K), is hereby quashed. iii. The Mutation Entry bearing MR No. T827 dated 22.12.2021 certified by respondent No.6 vide Annexure-E, insofar as it relates to the petitioner’s land, is also hereby quashed. iv. The respondents are directed to restore the name of the petitioner in the revenue records to the extent of 33 Guntas 4 Ana in Sy.No.851/12 (Old Sy. No.851/3K) of Kabbur Village, within eight (8) weeks from the date of receipt of a certified copy of this order. - 8 - HC-KAR NC: 2025:KHC-D:9170 WP No. 104966 of 2025 v. The respondents are at liberty to take appropriate action in accordance with law, after following due procedure and giving the petitioner an opportunity of hearing. vi. Liberty is reserved to the petitioner to seek appropriate relief if any further cause of action arises. Sd/- (PRADEEP SINGH YERUR) JUDGE RHR/- List No.: 1 Sl No.: 25