- 1 - HC-KAR NC: 2025:KHC-D:9681 WP No. 105337 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105337 OF 2025 (LR) BETWEEN: NEELAMBIKA W/O. VIRUPAXAPPA HIREMATH, AGE: 63 YEARS, OCCUPATION: AGRICULTURE, R/O. KUNDUR VILLAGE, TQ. SHIGGAON, DIST. HAVERI. …PETITIONER (BY SRI. DAYANAND M. BANDI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, HAVERI OFFICE OF DEPUTY COMMISSIONER HAVERI, DISTRICT: HAVERI-581110. 2. ASSISTANT COMMISSIONER, HAVERI, SAVANUR SUB-DIVISION, DISTRICT: HAVERI-581118. 3. TAHASILDAR, HABAGAL HANAGAL TALUKA, DISTRICT: HAVERI-581104. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA. PRAYING TO I) ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR IN THE FORM OF DIRECTION QUASHING THE NOTIFICATION BEARING NO KAMGRA/CR:13/2024-25 DATED 14/10/2024 PASSED BY SAROJA HANGARAKI Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.07 11:58:27 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9681 WP No. 105337 of 2025 RESPONDENT NO.1 VIDE ANNEXURE –“D” AND ALSO TO QUASH THE ORDER BEARING NO. KANDAYA GRAMA: 2024-25 DATED 23/05/2025 PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE –“E” TO THE WRIT PETITION, IN SO FAR AS THE PETITIONER’S LAND BEARING SURVEY NO. 34/2A OF MARANABEEDA VILLAGE OF HANAGAL TALUKA, IN THE INTEREST OF JUSTICE AND EQUITY. II) TO ISSUE WRIT OF MANDAMUS DIRECTING THE 2ND AND 3RD RESPONDENT TO DELETE THE NAME OF THE GOVERNMENT IN THE RECORD OF RIGHTS AND TO RESTORE ORIGINAL RTC BY ENTERING THE NAME OF THE PETITIONER FOR THE ENTIRE LAND MEASURING 2 ACRES 10 GUNTAS IN SURVEY NO. 34/2A OF MARANABEEDA VILLAGE OF HANAGAL TALUKA IN THE INTEREST OF JUSTICE AND EQUITY. III) PASS ANY OTHER ORDER OR GRANT ANY OTHER RELIEF, UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 3. 2. The petitioner is before this Court seeking for the following reliefs: i) Issue writ of certiorari or any other order or in the form of direction quashing the notification bearing no KAMGRA/CR:13/2024-25 dated 14/10/2024 passed by Respondent No.1 vide ANNEXURE –“D” and also to quash the Order bearing No. Kandaya Grama: 2024-25 dated 23/05/2025 passed by the Respondent No.2 - 3 - HC-KAR NC: 2025:KHC-D:9681 WP No. 105337 of 2025 vide ANNEXURE –“E” to the writ petition, in so far as the petitioner’s land bearing Survey No. 34/2A of Maranabeeda Village of Hanagal Taluka, in the interest of justice and equity. ii) To issue writ of mandamus directing the 2nd and 3rd respondent to delete the name of the Government in the Record of Rights and to restore original RTC by entering the name of the petitioner for the entire land measuring 2 Acres 10 Guntas in Survey No. 34/2A of Maranabeeda Village of Hanagal Taluka in the interest of justice and equity. iii) Pass any other order or grant any other relief, under the facts and circumstances of the case in the interest of justice and equity. 3. The grievance of the petitioner is that respondent No.3 has issued a notification under Section 38A of the Karnataka Land Reforms Act, 1961 declaring the lands of the petitioners in Sy.No.34/2A as unrecorded habitation. 5. The submission of learned counsel for the petitioner is that the petitioner being the owner of the said land and being in occupation thereof, no notice has been issued to the petitioner nor a public notice issued so - 4 - HC-KAR NC: 2025:KHC-D:9681 WP No. 105337 of 2025 as to enable the petitioner to submit his objections. His further submission is that if the revenue records had been perused, the right, title and interest of the petitioner in the said survey numbers, would have been clear to the Deputy Commissioner. As such, he submits that the notification issued is without any basis and is required to be quashed. 6. This Court is coming across several matters where notifications under Section 38A of the Karnataka Land Reforms Act, 1961, have been issued by the Deputy Commissioner, without issuing any public notice and or even verifying the revenue records. The RTC’s, which have been produced along with the present petition at Annexure-C indicates the right, title and interest of the petitioner in respect of the aforesaid property. 7. Such being the case, the Deputy Commissioner could not have without verifying the revenue records - 5 - HC-KAR NC: 2025:KHC-D:9681 WP No. 105337 of 2025 pertaining to the relevant property gone ahead and issued notification under Section 38A of the Karnataka Land Reforms Act, 1961. The Deputy Commissioner will be well advised to in future refer to all the revenue documents, obtain the details as regards the properties, which are proposed to be notified under Section 38A of the Karnataka Land Reforms Act, 1961 before issuing any notification. 8. In the event of any entries available in the revenue records, notices would necessarily have to be issued to the persons named in the said revenue records. In the event of no entries in revenue records being available, the notifications issued under Section 38A of the Karnataka Land Reforms Act, 1961, would have to record such a statement so that the same could be verified in the event of any challenge being made. - 6 - HC-KAR NC: 2025:KHC-D:9681 WP No. 105337 of 2025 9. Respondent No.1 is directed to issue necessary instructions to all the Deputy Commissioners coming under his jurisdiction in respect of the above observations. 10. In view of the above, I pass the following: ORDER i) Writ petition is allowed. ii) A Writ of certiorari is issued. The notification dated 14.10.2024 bearing No.KAMGRA/CR:13/2024-25 at Annexure-D and order dated 23.05.2025 bearing No.KANDAYA GRAMA:2024/25 at Annexure-E insofar as Sy.No.34/2A is concerned are quashed. iii) In the event of the Deputy Commissioner coming to the conclusion that the said land is required for any public purpose, the Deputy Commissioner would be at liberty to initiate such proceedings for acquisition in terms of the applicable law. - 7 - HC-KAR NC: 2025:KHC-D:9681 WP No. 105337 of 2025 iv) Though the above petition is disposed re-list on 09.09.2025 to enable respondent No.1 to place the instructions issued to the Deputy Commissioners on record. I.A.No.1/2025 stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA LIST NO.: 1 SL NO.: 45