- 1 - HC-KAR NC: 2025:KHC-D:14057 WP No. 105877 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105877 OF 2014 (LR) BETWEEN: 1. SHRI B. LINGAPPA S/O. LATE HONNALAPPA, AGE: 42 YEARS, OCC: AGRICULTURE, R/O. HONNALLI, TQ. AND DIST: BALLARI. 2. SHRI B. NARASAPPA S/O. LATE RAMAPPA, AGE: 62 YEARS, OCC: AGRICULTURE, R/O. HONNALLI, TQ. AND DIST: BALLARI. 3. SHRI B. SRINIVAS S/O. NEELAKANTAPPA, AGE: 29 YEARS, OCC: AGRICULTURE, R/O. HONNALLI, TQ. AND DIST: BALLARI. 4. SMT. A. SHASHIKALA W/O. A. VEERESHKUMAR, AGE: 46 YEARS, OCC: AGRICULTURE, R/O. SOGI, TQ: HADAGALI, DIST: BALLARI. … PETITIONERS (BY SRI. SABEEL AHMED, ADVOCATE FOR SRI. A.S. PATIL, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BALLARI DISTRICT, BALLARI. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14057 WP No. 105877 of 2014 2. THE ASSISTANT COMMISSIONER, BALLARI. 3. THE TAHASILDAR, BALLARI. 4. THE GRAM PANCHAYAT, HALAKUNDI, TQ. AND DIST: BALLARI, R/BY ITS PANCHAYAT DEVELOPMENT OFFICER. 5. SHRI. B. KUMARSWAMY, AGE: MAJOR, OCC: EX-PRESIDENT, TOWN MUNICIPAL COUNCIL, BALLARI, R/O. BALLARI. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1-R3; SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R4; NOTICE TO R5 IS SERVED) 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 DATED 27.09.2012 PASSED BY THE RESPONDENT NO.2 IN NO.KAM/BHUSU/272/2011-12 AS PER ANNEXURE-H. 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:14057 WP No. 105877 of 2014 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 27.09.2012 marked at Annexure - H passed by the 2nd respondent - Assistant Commissioner. 2. From the records, it is noticed that the Tahsildar, Bellary has submitted a report to the Deputy Commissioner stating that the petitioners have illegally occupied the petition properties. The Deputy Commissioner in turn has observed that the properties in occupation of the petitioners is in violation of the provisions of the Karnataka Land Reforms Act and directed the Assistant Commissioner to hold enquiry and to pass appropriate orders. 3. In terms of Annexure - H, the Assistant Commissioner has passed an order cancelling the registered sale deeds in favour of the petitioners and directed the entry to be restored as it stood prior to the purchase of the property. - 4 - HC-KAR NC: 2025:KHC-D:14057 WP No. 105877 of 2014 4. Learned counsel for the petitioners would urge that the impugned order at Annexure - H is passed without issuing notice to the petitioner and without conducting an enquiry. 5. Learned Government Advocate would defend the impugned order on the premise that the petitioners have violated the provisions of the Karnataka Land Reforms Act, 1961. 6. Petition is of the year 2014. The statement of objection is not filed. The State has not produced any records for having issued the notice to the petitioners and for having conducted any enquiry as required under law. Under the circumstances, the impugned order at Annexure - H is required to be quashed and accordingly quashed. 7. In case, the petitioners have violated any of the provisions of the Karnataka Land Reforms Act, 1961, the competent authority under the Karnataka Land Reforms Act, 1961 has to initiate action as per the procedure prescribed under the Karnataka Land Reforms Act, 1961. - 5 - HC-KAR NC: 2025:KHC-D:14057 WP No. 105877 of 2014 8. Hence the following: ORDER (i) Writ petition is allowed-in-part. (ii) The impugned order dated 27.09.2012 marked at Annexure - H passed by the second respondent - Assistant Commissioner is quashed. (iii) Liberty is reserved to the State to take appropriate action as advised in law. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN CT:BCK LIST NO.: 1 SL NO.: 91