- 1 - HC-KAR NC: 2025:KHC-D:9680 WP No. 105335 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105335 OF 2025 (KLR-LG) BETWEEN: PARASAPPA S/O. MALLAPPA WALIKAR, AGE: 49 YEARS, OCC. AGRICULTURIST/COOLIE, R/O. WALIKAR STREET, SUTAGATTI, POST: GANJIGATTI, TQ. KALAGHATAGI, DIST. DHARWAD-581212. …PETITIONER (BY SRI. N.V.YAJI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, BY ITS SECRETARY, AMBEDKAR VEEDHI, M.S. BUILDING, VIDHANASOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD DISTRICT, DHARWAD-580001. 3. THE TAHSILDAR, KALAGHATAGI TALUK, DHARWAD DISTRICT-581204. 4. SRI. SHIVASHARAMA MADARA CHENNAIAH GURUPEETA TRUST, CHITRADURGA, DIST. CHITRADURGA-577501, BY ITS SECRETARY. *DELETED AS PER THE ORDER DATED 04.08.2025. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3) Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9680 WP No. 105335 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.2 DTD. 18.11.2023 BEARING NO.LGL/CR-17/2023-24 VIDE ANNEXURE-F (@SL.NO.43) IN SO FAR AS THE PETITIONER IS CONCERNED. TO THE WRIT PETITION AS IT IS ILLEGAL AND UNCONSTITUTIONAL. II) ISSUE WRIT, MANDAMUS, DIRECTION OR DECLARATION OR PASS SUCH OTHER ORDERS, AS THIS HON BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, TO MEET THE INTEREST OF JUSTICE EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 3. 2. Counsel for the petitioner has filed a memo for deletion of respondent No.4 and for deletion of part of the prayer at para No.(i) insofar as Annexure-H is concerned. 3. Accepting the said memo and the submission of the learned counsel for the petitioner, petition is - 3 - HC-KAR NC: 2025:KHC-D:9680 WP No. 105335 of 2025 dismissed insofar as respondent No.4 is concerned. Needless to say respondent No.4 shall not be bound by any orders passed by this Court. 4. The portion of prayer commencing from the word “and the impugned order passed by the 1st respondent in favour of the 4th respondent dated 29.04.2022 bearing No.RD33LGD2021 Bengaluru vide Annexure-H” is deleted from Para No.(i) of the prayer. Counsel for the petitioner to make necessary endorsement at prayer column. 5. Petitioner is before the Court seeking for the following reliefs: I) Issue a writ in the nature of certiorari and quash the impugned order passed by the respondent No.2 dtd. 18.11.2023 bearing no. LGL/CR- 17/2023-24 vide Annexure-F (@Sl.No.43) in so far as the petitioner is concerned. To the writ petition as it is illegal and unconstitutional. II) Issue writ, mandamus, direction or declaration or pass such other orders, as this Hon’ble Court deems fit under the facts and circumstances of the case, to meet the interest of justice equity. - 4 - HC-KAR NC: 2025:KHC-D:9680 WP No. 105335 of 2025 6. The short grievance of the petitioner is that the Form No.53 application filed for regularization of unauthorised possession by the petitioner under Section 95A of the Karnataka Land Revenue Act, 1964 has been rejected without providing an opportunity to the petitioner by the impugned order dated 18.11.2023 at Annexure-F by the respondent No.2. 7. A perusal of Annexure-F does not indicate any opportunity having been provided to the petitioner before such an order having been passed. Hence, I pass the following: ORDER i. Petition is allowed. ii. A certiorari is issued. The impugned order passed by respondent No.2 dated 18.11.2023 bearing - 5 - HC-KAR NC: 2025:KHC-D:9680 WP No. 105335 of 2025 No. at Annexure-F insofar as petitioner is concerned is quashed. iii. The matter is remitted to respondent No.2 for fresh consideration after affording an opportunity of hearing to the petitioner. iv. Until such fresh consideration of Form No.53 filed by the petitioner, the respondents are restrained from any manner dispossessing the petitioner. SD/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA LIST NO.: 1 SL NO.: 43