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2025 DAILYLAW 62443 (KAR)

MANJUNATH S/O TIMMAPPA NAIK v. THE DEPUTY COMMISSIONER

WP/101989/2017 · 2025-11-06

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:15213 WP No. 101989 of 2017 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 101989 OF 2017 (KLR-REG) BETWEEN: 1. MANJUNATH S/O TIMMAPPA NAIK, AGE: 58 YEARS, OCC: AGRICULTURE, R/O. KAYKINI MAHIME, POST: SARALAGI, TQ: HONAVAR, DIST: UTTAR KANNADA. 2. NARAYAN S/O HONNAPPA NAIK, SINCE DECEASED BY HIS LR’S., 2(i). SHRI RAMA S/O NARAYAN NAIK, AGE. 52 YEARS, OCC. AGRICULTURE, R/O. GERSOPPA JYOTHINAGAR, MAHIME, POST: SARALAGI, TQ. HONAVAR, DIST. UTTAR KANNADA-581 384. 2(ii). SHRI LAXMAN S/O NARAYAN NAIK, AGE. 52 YEARS, OCC. AGRICULTURE, R/O. SAMBARAGADDE, MAHIME, POST: SARALAGI, TQ. HONAVAR, DIST. UTTAR KANNADA-581 384. 2(iii). SMT. GEETA W/O GANAPATI NAIK, AGE. 40 YEARS, OCC. HOUSEHOLD, R/O. GERSOPPA JYOTHINAGAR, MAHIME, POST: SARALAGI, TQ. HONAVAR, DIST. UTTAR KANNADA-581 384. 2(iv). SMT. BHARATI W/O VISHNU NAIK, AGE. 43 YEARS, OCC. HOUSEHOLD, R/O. BARNAKERI, KHARWA, TQ. HONAVAR, DIST. UTTAR KANNADA-581 361. 3. SMT. SAROJA W/O MANJUNATH NAIK, AGE: 50 YEARS, OCC: AGRICULTURE AND HOUSEHOLD, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15213 WP No. 101989 of 2017 R/O. KAYKINI MAHIME, POST: SARALAGI, TQ: HONAVAR, DIST: UTTAR KANNADA. … PETITIONERS (BY SRI. A.S. PATIL, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, UTTAR KANNADA DISTRICT, KARWAR. 2. THE ASSISTANT COMMISSIONER, BHATKAL SUB-DIVISION, BHATKAL, DIST: UTTAR KANNADA. 3. THE TAHASILDAR AND THE SECRETARY TO THE HONAVAR TALUKA COMMITTEE FOR UNAUTHORIZED REGULARIZATION, HONAVAR, DIST: UTTAR KANNADA. 4. SHRI. NARAYAN S/O SUBBAYYA NAIK, AGE: MAJOR, OCC: AGRICULTURE, R/O MAHIME, POST: SARALAGI, TQ: HONAVAR, DIST: UTTAR KANNADA. 5. SHRI. HANUMANT S/O SUBBU NAIK, AGE: MAJOR, OCC: AGRICULTURE, R/O. MAHIME, POST: SARALAGI, TQ: HONAVAR, DIST: UTTAR KANNADA. 6. SHRI. NARAYAN S/O SUBBU NAIK, AGE: MAJOR, OCC: AGRICULTURE, R/O. MAHIME, POST: SARALAGI, TQ: HONAVAR, DIST: UTTAR KANNADA. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R3; SRI. SURESH S. BHAT, ADVOCATE FOR R4 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER/PROCEEDINGS DATED 24.10.2016 PASSED BY THE RESPONDENT NO.3 AS PER ANNEXURE-E. - 3 - HC-KAR NC: 2025:KHC-D:15213 WP No. 101989 of 2017 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Learned counsel for the respondents would submit that the impugned order is appealable under the provisions of the Karnataka Land Revenue Rules. 2. Learned counsel for the petitioners would submit that the spot inspection which is said to have been conducted is without notice to the petitioners as such, the writ Court can entertain the petition. 3. It is not in dispute that the order is passed after hearing the petitioners. 4. Under these circumstances, if the petitioners are to contend that the alleged spot inspection by the committee is conducted without notice to the petitioners, that point has to be urged by the petitioners before the Appellate Authority and Appellate Authority has to consider the same in accordance with law. - 4 - HC-KAR NC: 2025:KHC-D:15213 WP No. 101989 of 2017 5. Learned counsel for the contesting private respondents would also submit that Form No.50 itself is not filed by the petitioners. 6. All contentions have to be considered by the Appellate Authority in accordance with law. 7. The time spent in prosecuting the present petition from 23.07.2017 till date has to be excluded in computing the limitation, if any. 8. The registry shall return the copy of the impugned order to the petitioners after retaining the Xerox copy. 9. Writ petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 29