- 1 - NC: 2025:KHC-D:1454 WP No. 106564 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.106564 OF 2024 (KLR-RES) BETWEEN: CHANNAVERAPPA MURIGEPPA SURALIHALLI, AGE: 69 YEARS, OCC: ADVOCATE & AGRICULTURIST, R/O. BASAVESHWAR NAGAR, TQ: HAVERI, DIST: HAVERI-581110. …PETITIONER (BY SRI. JAGADISH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, HAVERI DISTRICT, HAVERI-581110. 3. THE ADDITIONAL DEPUTY COMMISSIONER, HAVERI DISTRICT, HAVERI-581110. 4. THE TAHSILDAR, HAVERI, TQ: HAVERI, DIST: HAVERI-581110. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R4) 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 THE ENDORSEMENT DATED 20/09/2024 BEARING NO. NO.TA(2).VI.VAHI:19/2024-25 ISSUED BY 3RD RESPONDENT VIDE ANNEXURE-F AND CONSEQUENTLY DIRECT THE 2ND AND 3RD RESPONDENT TO CONVERT 2 GUNTHAS IN R.S. NO. 65/5 OF HAVERI VILLAGE AS CULTIVABLE AGRICULTURAL LAND VIDE ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.27 16:33:54 +0530 - 2 - NC: 2025:KHC-D:1454 WP No. 106564 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 to 4. 2. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ in the nature of certiorari the endorsement dated 20/09/2024 bearing no. No.Ta(2).Vi.Vahi:19/2024-25 issued by 3rd respondent vide Annexure-F and consequently direct the 2nd and 3rd respondent to convert 2 gunthas in R.S. No. 65/5 of Haveri Village as cultivable agricultural land vide Annexure-E in the interest of justice and equity. ii. Pass such other and further orders as this Hon’ble Court deems fit to pass in the interests of justice and equity. 3. The grievance of the petitioner is that the application filed by the petitioner for regularization of the pot kharab ‘A’ lands in Sy.No.65 having come to the share of the petitioner, has been rejected vide endorsement dated 20.09.2024 at Annexure-F on the ground that the same can be considered only at the time of survey resettlement process and not now. - 3 - NC: 2025:KHC-D:1454 WP No. 106564 of 2024 4. The petitioner having filed an application for regularization/de-reservation of the pot kharab ‘A’ land, which on the face of it, has not been reserved for any public purpose since same is not a reservation in terms of pot kharab ‘B’ lands. No one else apart from the petitioner can be said to have a right, title and interest in the aforesaid pot kharab ‘A’ land. 5. That being so, if it is otherwise permissible for the pot kharab ‘A’ lands to be de-reserved, regularized and converted, it was required of respondent No.3 to consider the said application and pass necessary orders and not reject the application only on the ground that it cannot be so done until a resettlement survey is to take place. 6. Hence, I pass the following; ORDER i) Writ petition is allowed. ii) A certiorari is issued, the endorsement dated 20.09.2024 vide Annexure-F is quashed. - 4 - NC: 2025:KHC-D:1454 WP No. 106564 of 2024 iii) Respondent No.3 is directed to consider the application of the petitioner in terms of the applicable law and pass necessary orders within a period of 30 days after obtaining necessary opinion within 15 days as mandated by proviso to sub- section (2) of Section 95 of the Karnataka Land Revenue Act. Sd/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 1 Sl No.: 31