- 1 - HC-KAR NC: 2025:KHC-D:8036 WP No. 103396 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103396 OF 2024 (KLR-RES) BETWEEN: 1. SHRI. NINGAPPA S/O. HANAMAPPA NAGAMMANAVAR, AGE: 48 YEARS, OCC: AGRICULTURE, R/O. HALAGATTI-591123, TQ: RAMDURG, DIST: BELAGAVI. 2. SHRI. GOVINDAPPA S/O. NINGAPPA NAGAMMANAVAR, AGE: 71 YEARS, OCC: AGRICULTURE, R/O. HALAGATTI-591123, TQ: RAMDURG, DIST: BELAGAVI. 3. SHRI. HANAMANTAPPA S/O. RAMAPPA NAGAMMANAVAR, AGE: 68 YEARS, OCC: AGRICULTURE, R/O. HALAGATTI-591123, TQ: RAMDURG, DIST: BELAGAVI. 4. SHRI. RAMACHANDRAPPA S/O. TIMMANNA NAGAMMANAVAR, AGE: 61 YEARS, OCC: AGRICULTURE, R/O. HALAGATTI-591123, TQ: RAMDURG, DIST: BELAGAVI. 5. SHRI. BASAPPA S/O. TIMMANNA NAGAMMANAVAR, AGE: 56 YEARS, OCC: AGRICULTURE, R/O. HALAGATTI-591123, TQ: RAMDURG, DIST: BELAGAVI. 6. SHRI. YANKAPPA S/O. TIMMANNA NAGAMMANAVAR, AGE: 48 YEARS, OCC: AGRICULTURE, R/O. HALAGATTI-591123, TQ: RAMDURG, DIST: BELAGAVI. …PETITIONERS (BY SRI. A.S. PATIL, ADVOCATE) VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8036 WP No. 103396 of 2024 AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF PUBLIC WORKS AND INLAND WATER TRANSPORT, VIKASH SOUDHA, BENGALURU-560001. 2. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560001. 3. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF MINOR IRRIGATION, VIDHAN SOUDHA, BENGALURU-560001. 4. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI-590001. 5. THE ASSISTANT COMMISSIONER, BAILHONGAL SUB – DIVISION, BAILHONGAL-591102, TQ: BAILHONGAL, DIST: BELAGAVI. 6. THE TAHASILDAR, RAMDURG TALUKA, RAMDURG-591123, DIST: BELAGAVI. 7. THE ASSISTANT EXECUTIVE ENGINEER, PWD AND IWTD, SUB-DIVISION, BEHIND MINI VIDHAN SOUDHA, RAMDURG-591123, TQ: RAMDURG, DIST: BELAGAVI. 8. THE ASSISTANT EXECUTIVE ENGINEER, DEPARTMENT OF MINOR IRRIGATION, SUB-DIVISION OFFICE, GOKAK-591302, TQ: GOKAK, DIST: BELAGAVI. 9. GRAM PANCHAYAT, HALAGATTI-591123, - 3 - HC-KAR NC: 2025:KHC-D:8036 WP No. 103396 of 2024 TQ: RAMDURG, DIST: BELAGAVI, REPRESENTED BY ITS PANCHAYAT DEVELOPMENT OFFICER. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA FOR R1-R8; NOTICE TO R9 DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i. ISSUE WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION, DIRECTING THE RESPONDENT NO.6 TO CONSIDER THE REPRESENTATION DATED 26.11.2020 AS PER ANNEXURE-S SUBMITTED BY THE PETITIONER NO.1 ON BEHALF OF THE PETITIONERS AND PASS APPROPRIATE ORDER ON THE SAME IN SO FAR AS IT RELATES TO THE REQUEST OF THE PETITIONERS FOR DELETION OF THE NAME OF ‘STATE ENGINEER, PWD, RAMDURG’ BY CONTINUING THE NAMES OF THE PETITIONERS IN COLUMN NO.12 (2) OF THE RECORD OF RIGHTS AS IT EXISTED PRIOR TO 2019-20 AND FURTHER TO ENTER THE NAMES OF THE PETITIONERS AND THEIR FAMILY MEMBERS IN COLUMN NO.9 OF THE RECORD OF RIGHTS OF THE LAND IN QUESTION. ii. OR IN THE ALTERNATIVE ISSUE WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION, DIRECTING THE RESPONDENTS NO.1 TO 8 TO INITIATE THE ACQUISITION PROCEEDINGS IN RESPECT OF THE LAND IN QUESTION AND PAY THE ADEQUATE COMPENSATION ALONG WITH ALL OTHER STATUTORY BENEFITS IN FAVOUR OF THE PETITIONERS IN THE EVENT OF RESPONDENTS INTENDS TO TAKE OVER THE POSSESSION OF THE LAND QUESTION AND ETC. - 4 - HC-KAR NC: 2025:KHC-D:8036 WP No. 103396 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 PRADEEP SINGH YERUR) Petitioners claim that their predecessors were the owners of the property bearing R.S. No.239 measuring to an extent of 12 acre, 22 guntas situated at Halagatti village of Ramdurg Taluka, District Belagavi. As per the record of rights Form No.7 for the year 2021 and further for the year 1925, name of father of petitioner No.1 was mentioned in village Form No.12 i.e., cultivators’ column and further the name of father of petitioner No.1 was mentioned in possessors column. 2. Petitioners claimed that land in question belongs to their predecessors and therefore their names ought to have mentioned in the cultivators column of record of rights. Subsequent to the death of father of petitioners, name of petitioner No.1 was entered as his elder son and accordingly, M.E.No.297 came to be certified showing the - 5 - HC-KAR NC: 2025:KHC-D:8036 WP No. 103396 of 2024 name of petitioner No.1 as the owner of land in question. But however this being the state of affairs, vide Mutation Entry No.996 certified on 31.10.1948, the name of respondent No.7 i.e., “State Engineer PWD” came to be entered in the revenue records. Petitioners’ ancestors’ were not aware of the said entries made in the name of respondent No.7. Therefore, it is the contention of learned counsel for petitioners that name of respondent No.7 is illegally entered in Column No.12(2) of the record of rights, which is without following due process of law, without notice or hearing the petitioners, as the land in question is in possession of petitioners and belongs to petitioners and their ancestors and is still in their cultivation. 3. The present petition is filed by petitioners to consider the representation dated 26.11.2020 made by them and pass appropriate orders insofar as it relates to request for deletion of name of ‘State Engineer, PWD, Ramdurg’ by continuing names of petitioners in Column - 6 - HC-KAR NC: 2025:KHC-D:8036 WP No. 103396 of 2024 No.12(2) of record of rights as it exists prior to 2019-2020 and enter name of petitioners and their family members in Column No.9 of the record of rights. 4. Per Contra, the learned AGA for respondents No.1 to 8 submits that the name of State Engineer PWD is mentioned in Column No.12(2) of record of rights. It is for the petitioners to produce relevant documents before the authorities to show that land belongs to them and they are entitled to continue their names in the owners’ column or in the cultivators’ column. If records are produced, same would be considered in accordance law within a time frame. In view of submission made by learned AGA hereinabove, I pass the following : ORDER (i) Petition is allowed. (ii) Writ of mandamus is issued. A direction is issued to the 6th respondent/Tahashildar, Ramdurg to consider the representation of petitioner No.1 dated 26.11.2020 and pass - 7 - HC-KAR NC: 2025:KHC-D:8036 WP No. 103396 of 2024 suitable and appropriate orders within a period of eight weeks from the date of receipt of copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK CT-MCK List No.: 1 Sl No.: 17