- 1 - HC-KAR NC: 2025:KHC-D:15341 WP No. 85690 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 85690 OF 2013 (LR) BETWEEN: 1. 1A. SMT. KUSUMA W/O. SHRIPAD DESHPANDE, SINCE DECEASED BY LR’S., SHARAD S/O. SHRIPAD DESHPANDE, AGED ABOUT 58 YEARS, OCC: RTD. FROM SERVICE, R/O. DISHA MUTTIGEKAR COMPOUND, 52, 3RD CROSS, DISHANT MUTTIGEKAR, VIDYA NAGAR, ANGOLMAL, BELGAUM-590 007. 1B. RAJESH S/O. SHRIPAD DESHPANDE, AGED ABOUT 62 YEARS, OCC: RTD. FROM SERVICE, R/O. DISHA MUTTIGEKAR COMPOUND, 52, 3RD CROSS, DISHANT MUTTIGEKAR, VIDYA NAGAR, ANGOLMAL, BELGAUM-590 007. … PETITIONERS (BY SRI. S.R. HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560 001. 2. THE LAND TRIBUNAL, BELGAUM, R/BY ITS SECRETARY-590 001. 3. MAHAMMADHNEEF S/O. GOUSE SAB SANADI, SINCE DECEASED BY HIS LR’S., Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.19 12:20:59 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15341 WP No. 85690 of 2013 3A. SRI. DAVUD NISAR S/O NISAR SANADI, AGE. 48 YEARS, OCC. AGRICULTURE, R/O. 624/B, SANDHI LINE, MUGADUMMA, H.NO.6-1-577 593, AKKIWAT, TQ. HUKKERI, DIST. BELGAUM. 3A(A). KURSHIDA W/O NISAR SANADI, AGE. 32 YEARS, OCC. HOUSEHOLD WORK, R/O. 624/B, SANDHI LINE, MUGADUMMA, H.NO.E-1-577 593, AKKIWAT, TQ. HUKKERI, DIST. BELGAUM. 3B. AMEERBI W/O MAHAMMAD HANEEF SANADI, AGE. 46 YEAR, OCC. AGRICULTURE, R/O. ALUR K.M., TQ. HUKKERI, DIST. BELGAUM. 4. JAKIRHUSEN S/O. TAJUDDIN SANADI, AGED ABOUT 40 YEARS, OCC: AGRICULTURE, R/O. ALUR K.M., TQ: HUKKERI, DIST: BELGAUM. 5. SMT. KOUSAR TAJUDDIN SANADI, AGED ABOUT 60 YEARS, OCC: AGRICULTURE, R/O. ALUR K.M., TQ: HUKKERI, DIST: BELGAUM. 6. KATALSAB S/O. MODINSAB MOKASHI, AGE: MAJOR, OCC: AGRICULTURE, R/O. ALUR K.M., TQ: HUKKERI, DIST: BELGAUM. 7. JAFFAR IQBAL S/O. ISMAIL SANADI, AGE: MAJOR, OCC: AGRICULTURE, R/O. ALUR K.M., TQ: HUKKERI, DIST: BELGAUM. 8. RAFIQ AHMAD S/O. ISMAIL SANADI, AGE: MAJOR, OCC: AGRICULTURE, R/O. ALUR K.M., TQ: HUKKERI, DIST: BELGAUM. - 3 - HC-KAR NC: 2025:KHC-D:15341 WP No. 85690 of 2013 9. ABDUL RAHUT S/O. ISMAIL SANADI, AGE: MAJOR, OCC: AGRICULTURE, R/O. ALUR K.M., TQ: HUKKERI, DIST: BELGAUM. 10. IMRAN S/O. HASAN SANADI, AGE: MAJOR, OCC: AGRICULTURE, R/O. ALUR K.M., TQ: HUKKERI, DIST: BELGAUM. 11. DAUD S/O. HUSEN SANADI, AGE: MAJOR, OCC: AGRICULTURE, R/O. ALUR K.M., TQ: HUKKERI, DIST: BELGAUM. 11A. SRI. DADA S/O DAUD SANADI, AGE. MAJOR, OCC. AGRICULTURE, R/O. ALUR K.M., TQ. HUKKERI, DIST. BELGAUM. 11B. SRI. GOUSE S/O DAUD SANADI, AGE. MAJOR, OCC. AGRICULTURE, R/O. ALUR K.M., TQ. HUKKERI, DIST. BELGAUM. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 AND R2; SMT. P.G. NAIK, ADVOCATE FOR R4 TO R10, PROPOSED R3B AND R11B; NOTICE TO R3A IS HELD SUFFICIENT; PETITION AGAINST R11 IS DISMISSED AS ABATED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER AS PER THE ANNEXURE-L DATED 04.07.2013. THIS PETITION COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:15341 WP No. 85690 of 2013 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order at Annexure - L dated 04-07-2013, in terms of which petitioners' application under Section 15 of the Karnataka Land Reforms Act, 1961 ('Act, 1961') is rejected. 2. Section 15 of the Act, 1961 provides for resumption of land by the soldier or the legal representatives of the soldier. Section 15(3)(ii) of the Act, 1961 provides that to seek resumption, notice has to be issued by the father, mother, spouse, child or grand-child of a soldier within one year from the date of death of the soldier. 3. Admittedly, the petitioner's husband died in the year 1974. Notice is not yet sent and application is filed on 17-06- 2013 to the Tahasildar which is not the proper procedure. 4. Tahsildar has noticed that the notice is not sent within one year from the death of the soldier and he has also noticed that the occupancy right is granted to the tenant and the landlord has accepted the compensation. Having said so, the - 5 - HC-KAR NC: 2025:KHC-D:15341 WP No. 85690 of 2013 Tahsildar has rejected the application and at the end, he has observed that the party can approach the High Court to seek relief. Hence, the present petition is filed. 5. Learned counsel appearing for the petitioners would submit that the petitioners are not having any land and the tenants, in whose favour the occupancy is granted are having sufficient lands. 6. Section 15(3) of the Act, 1961 is very specific in terms of the requirement. Notice to resume land has to be issued within one year from the date of the death of the tenant and such procedure is not followed and occupancy right is already granted to the tenants and landlord has also accepted the compensation. 7. Under these circumstances, the petition is not maintainable, though there is an observation by the Tahasildar that the party has to approach the High Court to seek appropriate relief. 8. High Court has no such power to grant relief which is not contemplated under law. - 6 - HC-KAR NC: 2025:KHC-D:15341 WP No. 85690 of 2013 9. Accordingly, the Writ Petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN CT:BCK