- 1 - HC-KAR NC: 2025:KHC-D:14635 WP No. 22894 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 22894 OF 2014 (LR) BETWEEN: 1. SMT. K. KALAMMA W/O LATE K. SHARANAPPA, AGED ABOUT 68 YEARS, OCC: AGRICULTURE,R/O HIREMALLANAKERE-583 214,TALUK: HUVINA-HADAGALI-583219, DISTRICT: BALLARI-583 101. 2. SRI. K. KOTRESHAPPA S/O LATE K. SHARANAPPA, AGED ABOUT 48 YEARS,OCC: AGRICULTURE, R/O HIREMALLANAKERE-583 214, TALUK: HUVINA-HADAGALI-583 219, DISTRICT: BALLARI-583 101. 3. SRI. K. SHISAILAPPA S/O LATE K. SHARANAPPA, AGED ABOUT 46 YEARS,OCC: AGRICULTURE, R/O HIREMALLANAKERE-583 214, TALUK: HUVINA-HADAGALI-583 219, DISTRICT: BALLARI-583 101. 4. SRI. K. MALLAPPA S/O LATE K. SHARANAPPA, AGEDA ABOUT 43 YEARS,OCC: AGRICULTURE, R/O HIREMALLANAKERE-583 214, TALUK: HUVINA-HADAGALI-583 219, DISTRICT: BALLARI-583 101. 5. SRI. K. LOKAPPA S/O LATE K. SHARANAPPA, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14635 WP No. 22894 of 2014 AGED ABOUT 38 YEARS,OCC: AGRICULTURE, R/O HIREMALLANAKERE-583 214, TALUK: HUVINA-HADAGALI-583 219, DISTRICT: BALLARI-583 101. 6. SRI. K. VEERAPPA S/O LATE K. SHARANAPPA,AGED ABOUT 35 YEARS, OCC: AGRICULTURE, R/O HIREMALLANAKERE-583 214, TALUK: HUVINA-HADAGALI-583 219, DISTRICT: BALLARI-583 101. … PETITIONERS (BY SRI. J.S. SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, M.S. BUILDINGS, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE LAND TRIBUNAL, BY ITS SECRETARY,HUVINA-HADAGALI, TALUK: HUVINAHADAGALI-583 219, DISTRICT: BALLARI-583 101. 3. THE TAHASILDAR, HUVINA-HADAGALI TALUK, HUVINA-HADAGALI-583 219, DIST: BALLARI-583 101. 4. SRI. H. SHANMUKHAPPA S/O SRI. KOTRAPPA,AGED ABOUT YEARS, OCC: AGRICULTURE,R/O HAMPASAGARA, TALUK: HAGRIBOMMANAHALLI-583 212, DISTRICT: BALLARI-583 101. 5. SRI. H. TOTAPPA S/O SRI. KOTRAPPA, - 3 - HC-KAR NC: 2025:KHC-D:14635 WP No. 22894 of 2014 AGED ABOUT YEARS, OCC: AGRICULTURE,R/O HAMPASAGARA, TALUK: HAGARIBOMMANAHALLI-583 212, DISTRICT: BALLARI-583 101. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R3; V/O/DATED 27/11/2017 R4 AND R5 ARE ABATED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OF ORDER OR DIRECTIONS, BY QUASHING THE ORDERS DATED 29.01.1982 AND DATED 29.08.2009 PASSED BY THE RESPONDENT NOS.2 AND 3 RESPECTIVELY, VIDE ANNEXURE-H AND K, IN SO FAR AS THE LANDS IN QUESTION CONCERNED AND ALL FURTHER PROCEEDINGS IN PURSUANCE THERE OF AND A WRIT IN THE NATURE OF MANDAMUS, OR ANY OTHER APPROPRIATE ORDER OR DIRECTION, DIRECTING THE RESPONDENTS 2 AND 3 SHALL NOT ASK TO SURRENDER THE LANDS IN QUESTION, BY DELETING THE SAME FROM THE LIST OF LANDS TAKEN POSSESSION/PROPOSED FOR ALLOTMENT UNDER SECTION 77 OF THE ACT IF ANY, AS PER ANNEXURE-H, ISSUED BY THE RESPONDENT NO.3. THIS PETITION COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 29.01.1982 passed by respondent No.2 marked at Annexure – H and the order dated 29.08.2009 marked at Annexure – K passed by respondent No.3. - 4 - HC-KAR NC: 2025:KHC-D:14635 WP No. 22894 of 2014 2. Petitioners claim that they purchased property bearing Sy.No.174/A measuring 4 acres 15 cents in Hiremallanakere Village, Taluk Hagaribommanahalli. The registered sale deed dated 23.04.1973 is produced and same is marked at Annexure – C. The said sale deed reveals that Shanmukappa s/o Kotrappa sold Sy.No.174/A measuring 4 acres 15 cents to the petitioner’s father. 3. It appears that the landlord had filed declaration in Form No.11 before the Land Tribunal stating that landlord possessed land in excess of the ceiling limit permitted under The Karnataka Land Reforms Act, 1961. Accepting the declaration in terms of impugned order dated 29.01.1982, the Land Tribunal has held that 96 acres 75 cents of land is surplus in the hands of the landlord. Pursuant to the said order, one more order dated 29.08.2009 vide Annexure – ‘K’ is passed and a proposal is sent to distribute the land under Section 77 of The Karnataka Land Reforms Act, 1961 to the eligible persons. 4. Learned counsel appearing for the petitioners would submit that both orders are passed without notice to the petitioner. In addition, he would also submit that in view of the - 5 - HC-KAR NC: 2025:KHC-D:14635 WP No. 22894 of 2014 sale deed dated 23.04.1973 the property could not have been treated as the surplus land in the hands of his vendor, as the land was sold before 01.03.1974 amendment to The Karnataka Land Reforms Act, 1961. 5. Learned counsel for the petitioner would submit that ceiling limit was introduced for the first time by way of an amendment to The Karnataka Land Reforms Act, 1961 which came into effect from 01.03.1974. Earlier to this, there was no ceiling limit to own the agricultural land, is the submission. 6. The orders could not have been passed without issuing notice to the petitioners, as the petitioners’ father had purchased the property under the sale deed dated 23.04.1973. 7. Though the excess land under the provisions of The Karnataka Land Reforms Act, 1961 as it stood before amendment is required to be surrendered after the appointed date, it is not pointed out by the respondent-State as to what is the appointed date. Hence both orders are unsustainable. 8. The Tribunal could not have held that as on the date of passing of the order or at least as on 01.03.1974, the properties in the hands of the original landlord i.e. the - 6 - HC-KAR NC: 2025:KHC-D:14635 WP No. 22894 of 2014 petitioners’ father's vendor was excess. Said, finding is erroneous as petitioner's father was not holding the lands in question as on 01.03.1974. 9. Hence the following: ORDER (i) Writ Petition is allowed (ii) The impugned order dated 29.01.1982 passed by respondent no.2 marked at Annexure - H is quashed. (iii) The impugned order dated 29.08.2009 marked at Annexure - K passed by respondent no. 3 is quashed. (iv) The Tashildar shall restore the name of the petitioner in Sy.No.174/A measuring 4 acres 15 cents of Hiremallanakere Vilalge, Hagaribommanahalli Taluk within 45 days from the date of the receipt of the copy of this order. (v) Impugned orders are quashed only in respect of property referred to in paragraph No.7(iv). Sd/- (ANANT RAMANATH HEGDE) JUDGE brn/CT:BCK/LIST NO.: 2 SL NO.: 16