- 1 - HC-KAR NC: 2025:KHC-D:11907 WP No. 106709 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106709 OF 2025 (KLR-RES) BETWEEN: SMT. GUDDADA CHOUDAMMA W/O. LATE GUDDAD RAMAPPA @ WADDARA RAMAPPA. AGE: 75 YEARS, OCC: AGRICULTURE, R/O: H. NO. 230, MALLANAYAKANAHALLI VILLAGE, TAL: KOTTUR, DIST: VIJAYANAGAR – 583 134. …PETITIONER (BY SRI. M. S. HARAVI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, VIJAYANAGAR DISTRICT, VIJAYANAGAR, HOSPETH – 583 201. 2. THE ASSISTANT COMMISSIONER, HARAPANAHALLI SUB DVN, HARAPANAHALLI, TAL: HARAPANAHALLI, DIST: VIJAYNAGAR – 583 131. 3. THE TAHASILDAR, KOTTUR, TAL: KOTTUR, DIST: VIJAYANAGAR – 583 134. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE GAZETTE NOTIFICATION NO.BHUSU/ KUMGRAA/ 56/2024-25 DATED 28-04-2025 ISSUED BY THE 1ST RESPONDENT AS PER ANNEXURE-G INSOFAR AS SY, NO.641/G MEASURING 0.30 ACRES OF HYALYA VILLAGE IN KOTTUR Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11907 WP No. 106709 of 2025 TALUKA IS CONCERNED AND FURTHER QUASH THE CERTIFICATION OF MUTATION ENTRY BY THE 3RD RESPONDENT IN MR NO.T115/2025-26 DATED 31-05-2025 RESPECTING THE ABOVE SAID LAND PER ANNEXURE-K RESPECTIVELY. ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO RESTORE THE NAME OF THE HUSBAND OF THE PETITIONER TO THE LAND BEARING SY, NO.641/G MEASURING 0.30 ACRES OF HYALYA VILLAGE IN KOTTUR TALUKA FORTHWITH. 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 SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 2. 2. The petitioner is before this Court seeking for the following reliefs: A. ISSUE writ, order or direction in the nature of Certiorari to quash the Gazette Notification No. BHUSU/ KUMGRAA/ 56/2024-25 dated 28-04- 2025 issued by the 1st respondent as per Annexure-G insofar as Sy, No.641/g measuring 0.30 acres of Hyalya Village in Kottur Taluka is concerned and further quash the certification of mutation entry by the 3rd respondent in MR No.T115/2025-26 dated 31-05-2025 respecting the above said land per Annexure-K respectively. B. ISSUE writ, order or direction in the nature of Mandamus directing the respondents to restore the name of the husband of the petitioner to the land bearing Sy.No.641/g measuring 0.30 acres of Hyalya village in Kottur Taluka forthwith. - 3 - HC-KAR NC: 2025:KHC-D:11907 WP No. 106709 of 2025 C. Pass any appropriate order or direction as deems fit by this Hon’ble court under the facts and circumstances of the case by allowing this writ petition with cost in the interest of justice and equity. 3. The petitioner claims to be the owner of the land in Survey No. 641/G measuring 0.30 acres situated at Hyalya Village, Kottur Taluk. The grievance of the petitioner is that, despite the name of the petitioner’s husband being mentioned in the revenue records, a notification under Section 38A of the Karnataka Land Revenue Act has been issued declaring the said land to be the unrecorded habitation. 4. A perusal of the revenue records would indicate that, the name of the husband of the petitioner is found in the revenue records. If that be so, it was but required for the respondents to have issued necessary notice to the petitioner’s husband and due to his expiry on the Petitioner and pass necessary orders as also to issue public notice. The same not having been done, I pass the following: - 4 - HC-KAR NC: 2025:KHC-D:11907 WP No. 106709 of 2025 ORDER i. Writ petition is allowed. ii. Certiorari is issued, Gezette Notification No.BHUSU/KUMGRAA/56/2024-25 dated 28.04.2025 issued by respondent No.1 at Annexure-G, insofar as Survey No.651/G measuring 0.30 acres of Hyalya Village in Kottur Taluk and the mutation entry in MR No.T115/2025-26 dated 31.05.2025 at Annexure-K, are quashed. iii. Liberty is, however, reserved to the respondents to initiate fresh proceedings in accordance with law by following the procedure in the circular dated 05.04.2025, as also by issuing public notice. Sd/- (SURAJ GOVINDARAJ) JUDGE gab/CT-ASC List No.: 1 Sl No.: 28