- 1 - NC: 2025:KHC-D:2595 WP No. 107411 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107411 OF 2023 (LR-) BETWEEN: ULLAS S/O. SALVODAR RODRIGUES, AGE: 38 YEARS, OCC: AGRICULTURE, R/O. NO.143, KELAGINOOR, KASARKOD, TQ: HONNAVAR, DIST: UTTARA KANANDA-581342. …PETITIONER (BY SRI. HAREESHA S. NAYAK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-06. 2. THE ASSISTANT COMMISSIONER, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA-581334. 3. THE TAAHASILDAR HONNAVAR, TQ: HONNAVAR, DIST: UTTARA KANNADA-581334. 4. SALVODAR JUANG RODIGUES, AGE: 75 YEARS, OCC: AGRICULTURE, R/O. POST: KELAGINOOR, KASARKOD, TQ: HONNVAR, DIST: UTTARA KANANDA-581342. 5. SAALVODAR DUMING RODRIGUES, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. POST KELAGINOOR, ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.14 15:23:27 +0530 - 2 - NC: 2025:KHC-D:2595 WP No. 107411 of 2023 KASARKOD, TQ: HONNAVAR, DIST: UTTARA KANNADA-581342. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R3; SRI. NARAYAN M. NAIK, ADVOCATE FOR R4; SRI. CHANDRASHEKARGOUDA, ADVOCATE FOR C/R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI QUASHING THE COPY OF THE ORDER DATED. 22-11-2022 IN LRM/7A/SR/12/47 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-E WITH RESPECT TO THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: “1. Issue a writ in nature of certiorari quashing the copy of the order dated. 22- 11-2022 in LRM/7A/SR/12/47 passed by the 2nd respondent vide Annexure-E with respect to the petitioner in the interest of justice and equity. 2. Issue such other writ or give such other direction and pass such other order as this Hon’ble Court deems fit and proper in the facts and circumstance of the cases.” 2. The submission of counsel for the petitioner is that the principle of natural justice have been violated in as - 3 - NC: 2025:KHC-D:2595 WP No. 107411 of 2023 much as the legal heirs of respondent No.6 before the Land Tribunal had not been brought on record. The petitioner is the grandson of respondent No.6 i.e., Manti W/o Parask Rodrigues. 3. A perusal of the family tree produced along with the above writ petition indicates several family members having not been brought on record in the present writ petition and the note below the cause title indicates that respondents No.2 to 11 had expired and other interested persons are also not made parties, needless to say the legal heirs of respondents 2 to 11 have also not been brought on record. 4. The aspect of whether petitioner is a legal representative of Manti W/o Parask Rodrigues and or that her legal heirs have not been brought on record, would require an enquiry to be conducted and cannot be so done in a writ petition. 5. The petitioner having an alternative case remedy in terms of appeal under Section 118 of the Karnataka Land Reforms Act where such an enquiry could be held, - 4 - NC: 2025:KHC-D:2595 WP No. 107411 of 2023 the petition stands disposed of reserving liberty to the petitioner to file such appeal where these issues would have to be considered, if necessary, by evidence being led. 6. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 1 Sl No.: 34