- 1 - HC-KAR NC: 2025:KHC-D:15914 WP No. 106509 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 106509 OF 2024 (KLR-RR/SUR) BETWEEN: ABDUL RAZAK S/O ABDUL GANI, AGE. 45 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. C/O KILLA ARANYA, NEAR AMBHABHAVANI TEMPLE, WARD NO.5, GANGAVATHI, DIST. KOPPAL, PIN-583 227. … PETITIONER (BY SRI. SHIVANAND MALASHETTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, KOPPAL, TQ. KOPPAL, DIST. KOPPAL, PIN-583 231. 3. THE ASSISTANT COMMISSIONER, KOPPAL, TQ. KOPPAL, DIST. KOPPAL, PIN-583 231. 4. THE TAHASILDAR, GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL, PIN-583 231. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15914 WP No. 106509 of 2024 5. THE KARNATAKA NEERAVARI NIGAM NIYAMIT, NO.2, TUNGABHADRA DAM SUB-DIVISION, AGALAKERA, TQ. KOPPAL, DIST. KOPPAL, PIN-583 234, R/BY ASSISTANT EXECUTIVE ENGINEER. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R4; THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 15/12/2022 IN NO. KAM/APPEAL/23/2022- 23/3981 PASSED BY THE 2ND RESPONDENT/DEPUTY COMMISSIONER, KOPPAL, VIDE ANNEXURE-J AND IMPUGNED ORDER DATED 04/06/2022 IN RRT/SAA/01/2022-23 PASSED BY THE 3RD RESPONDENT VIDE ANNEXURE-G AND ALSO IMPUGNED ORDER DATED 23/05/2022 IN NO. RRT/TIRASCRUTA/22:2022- 23 PASSED BY THE 4TH RESPONDENT VIDE ANNEXURE-E AND CONSEQUENTLY RESTORE THE NAME OF THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECT THE RESPONDENTS TO PAY THE COMPENSATION TO THE ACQUIRED/ENCROACHED LAND IN SY. NO.112/10 MEASURING 9 ACRE 22 GUNTAS SITUATED AT BASAPPATTANA VILLAGE, GANGAVATI TALUKA, IN THE INTEREST OF JUSTICE AND EQUITY. 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:15914 WP No. 106509 of 2024 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate appearing for respondents No.1 to 4. 2. Though notice was served on respondent No. 5, he remains unrepresented. 3. This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner, assailing the order dated 15.12.2022, marked as Annexure-J, passed by respondent No.2-Deputy Commissioner, Koppal; the order dated 04.06.2022, marked as Annexure-G, passed by respondent No.3-Assistant Commissioner, Koppal; and the order dated 23.05.2022 marked as Annexure-E, passed by respondent No.4-Tah€€sildar, Koppal *Gangavati. 4. Respondent No.5 made a claim before respondent No.4-Tahsildar seeking entry of its name in the property records of land bearing Sy.No.112/B measuring 09 acres 22 guntas of Basapattana village, Gangavati Taluk, Koppal *Corrected vide court order dated 09.12.2025. Sd/- (ARHJ) - 4 - HC-KAR NC: 2025:KHC-D:15914 WP No. 106509 of 2024 district. The Tahsildar passed an order directing the parties to approach the Competent Authority. 5. Respondent No.5 made a claim over the property on the premise that the land had been acquired for the Tungabhadra Dam Project, and that the owner had lost rights over it; therefore, respondent No.5, being the beneficiary, was entitled to have its name entered in the property records. Thereafter, respondent No.5 appears to have addressed a letter to respondent No.3-Assistant Commissioner to enter its name in the property records based on the order passed by the Tahsildar. Without issuing notice to the petitioner, Assistant Commissioner passed an order entering the name of respondent No.5 in the property records. 6. It is also noticed that the petitioner has questioned the Tahsildar’s order dated 23.05.2022, marked as Annexure- E. Subsequently, the Assistant Commissioner issued an endorsement marked at Annexure-H dated 24.06.2022, holding that an order had already been passed at Annexure-G on 04.06.2022, and refused to consider the petitioner's claim. - 5 - HC-KAR NC: 2025:KHC-D:15914 WP No. 106509 of 2024 7. Aggrieved by the said order, the petitioner filed a revision petition before the Deputy Commissioner. The Deputy Commissioner, vide order dated 15.12.2022, dismissed the revision petition and confirmed the order passed by the Assistant Commissioner. 8. The point for consideration is “whether the land in question is acquired by the respondents/State for the benefit of respondent No.5.” So far the records for having acquired the land, and having passed the award, are not produced. 9. Under these circumstances, the impugned order is unsustainable. It is also noticed that the Assistant Commissioner passed the order without issuing notice to the petitioner. 10. This being the position, the Court is of the view that the impugned orders have to be set aside. 11. The matter is remitted to the Tahsildar, as the Tahsildar could not have held that he was not the Competent - 6 - HC-KAR NC: 2025:KHC-D:15914 WP No. 106509 of 2024 Authority to enter the names of the parties in the property records. 12. In case any acquisition of rights is duly reported, the same has to be considered by the Tahsildar, and appropriate changes must be carried out in the property records. 13. Hence the following: ORDER a) The writ petition is allowed in part. b) The order dated 15.12.2022, marked as Annexure-J, passed by respondent No.2-Deputy Commissioner, Koppal; the order dated 04.06.2022, marked as Annexure-G, passed by respondent No.3- Assistant Commissioner, Koppal; and the order dated 23.05.2022 marked as Annexure-E, passed by respondent No.4- Tahsildar, Koppal *Gangavati, are set aside. *Corrected vide court order dated 09.12.2025. Sd/- (ARHJ) - 7 - HC-KAR NC: 2025:KHC-D:15914 WP No. 106509 of 2024 c) The matter is remitted to the Tahsildar, Koppal District, *Gangavati, for reconsideration. d) The Tahsildar, Koppal *Gangavati, shall issue notice to respondent No.5 directing it to produce a copy of the award, if any, in respect of the petition property. e) If the award is not produced, the Tahsildar shall make an effort to secure a copy of the award either from the office of the Assistant Commissioner or from the office of the Deputy Commissioner. f) If such an award has been passed in favour of respondent No.5, then the name of respondent No.5 shall be entered in the property records. If no such award is produced, then the petitioner's name shall continue in the property records. *Corrected vide court order dated 09.12.2025. Sd/- (ARHJ) - 8 - HC-KAR NC: 2025:KHC-D:15914 WP No. 106509 of 2024 g) It is made clear that this Court has not expressed any opinion on the award said to have been passed. *h) The Tahsildar, Gangavati shall comply the order within two months. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 73 *Inserted vide court order dated 09.12.2025. Sd/- (ARHJ)