- 1 - NC: 2025:KHC-D:1267 WP No. 107338 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107338 OF 2024 (LR-) BETWEEN: 1. SMT. SONAVVA W/O. GANAPATI NAYAK, AGE: 37 YEARS, OCC: AGRICULTURE, R/O. KALAMALLI TANDA, TAL: TAVARAGERA, DIST: KOPPAL-583279. 2. GANGADHAR S/O. GANAPATI NAYAK, AGE: 13 YEARS, OCC: STUDENT, 3. PARVATI D/O. GANAPATI NAYAK, AGE: 11 YEARS, OCC: STUDENT, 4. KUSHAL S/O. GANAPATI NAYAK, AGE: 9 YEARS, OCC: STUDENT, 5. VINOD S/O. GANAPATI NAYAK, AGE: 7 YEARS, OCC: STUDENT, PETITIONER NO.2 TO 5 ARE MINORS AND ARE REPRESENTED BY THEIR NEXT FRIEND, NATURAL MOTHER, PETITIONER NO.1 …PETITIONERS (BY SRI. P.N. HOSAMANE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-01. 2. THE DEPUTY COMMISSIONER, KOPPAL DISTRICT, KOPPAL-583231. GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Date: 2025.01.24 16:39:46 +0530 - 2 - NC: 2025:KHC-D:1267 WP No. 107338 of 2024 3. THE ASSISTANT COMMISSIONER, KOPPAL SUB-DIVISION, KOPPAL-583231. 4. THE TAHSILDAR KUSHTAGI, DIST: KOPPAL-583277. 5. GRAM PANCHAYAT KILARHATTI, TAL: KUSHTATI, DIST: KOPPAL-583279, REPRESENTED BY ITS PROJECT DEVELOPMENT OFFICER. 6. GANAPATI S/O. YANKAPPA NAYAK, AGE: 38 YEARS, OCC: AGRICULTURE, R/O. KALAMALLI TANDA, TAL: TAVARAGERA, DIST: KOPPAL-583279. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R4; SRI. VIJAYAKUMAR BALAGERIMATH, ADVOCATE FOR R5; R6-DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE: i. A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.2, DECLARING THE PORTIONS OF THE LANDS OF THE PETITIONERS AS KANDAYA GRAMA AS PER THE ORDER BEARING NO. REV/LND/2021 DATED 14-12-2021 A COPY OF WHICH IS PRODUCED HEREIN AS PER ANNEXURE-A IN SO FAR AS PETITIONERS ARE CONCERNED. ii. A WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENT 3 TO DELETE THE NAME OF GOVERNMENT TO THE PORTIONS OF THE LANDS OWNED BY THE PETITIONERS AND RESTORE THE ORIGINAL RTCS. iii. A WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENT NO.1 TO INITIATE ACQUISITION PROCEEDINGS AND AWARD JUST AND REASONABLE COMPENSATION FOR THE ACQUISITION OF THE LANDS AND THEN DECLARE THE SAID PORTIONS AS KANDAYA GRAMA. - 3 - NC: 2025:KHC-D:1267 WP No. 107338 of 2024 iv. ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AS DEEMED FIT AND PROPER BE GRANTED. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i. A writ in the nature of certiorari, quashing the impugned order passed by the respondent No.2, declaring the portions of the lands of the petitioners as Kandaya Grama as per the order bearing No. REV/LND/2021 dated. 14-12-2021 a copy of which is produced herein as per Annexure- A. ii. A writ in the nature of mandamus, directing the Respondent 3 to delete the name of government to the portions of the lands owned by the petitioner and restore the original RTCs. iii. A writ in the nature of mandamus, directing the respondent No.1 to initiate acquisition proceedings and award just and reasonable compensation for the acquisition of the lands and then declare the said portions as Kandaya Grama. iv. Any other appropriate writ, order or direction as deemed fit and proper be granted. 2. The grievance of the petitioners is that respondent No.2 has issued a notification under Section 38A of the Karnataka Land Reforms Act, 1961 declaring the lands of the petitioners in Sy.No.98/5 as unrecorded habitation. - 4 - NC: 2025:KHC-D:1267 WP No. 107338 of 2024 3. The submission of learned counsel for the petitioners is that the petitioners being the owners of the said land and being in occupation thereof, no notices have been issued to the petitioners nor a public notice issued so as to enable the petitioners to submit their objections. His further submission is that if the revenue records had been perused, the right, title and interest of the petitioners in the said survey number, would have been clear to the Deputy Commissioner. As such, he submits that the notification issued is without any basis and is required to be quashed. 4. This Court is coming across several matters where notifications under Section 38A of the Karnataka Land Reforms Act, 1961, have been issued by Deputy Commissioner, without issuing any public notice and or even verifying the revenue records. The RTC’s, which have been produced along with the present petition at Annexure-B indicates the right, title and interest of the petitioners in respect of the aforesaid property. 5. Such being the case, the Deputy Commissioner could not have without verifying the revenue records - 5 - NC: 2025:KHC-D:1267 WP No. 107338 of 2024 pertaining to the relevant properties gone ahead and issued notification under Section 38A of the Karnataka Land Reforms Act. The Deputy Commissioner will be well advised to in future refer to all the revenue documents, obtain the details as regards the properties, which are proposed to be notified under Section 38A of the Karnataka Land Reforms Act, 1961 before issuing any notification. 6. In the event of any entries available in the revenue records, notices would necessarily have to be issued to the persons named in the said revenue records. In the event of no entries in revenue records being available, the notifications issued under Section 38A of the Karnataka Land Reforms Act, 1961, would have to record such a statement so that the same could be verified in the event of any challenge being made. 7. Respondent No.1 is directed to issue necessary instructions to all the Deputy Commissioners coming under his jurisdiction in respect of the above observations. 8. In view of the above, I pass the following: - 6 - NC: 2025:KHC-D:1267 WP No. 107338 of 2024 ORDER i) Writ petition is allowed. ii) A certiorari is issued. The notification dated 14.12.2021 bearing No.REV/LND/2021 at Annexure-A insofar as Sy.No.98/5 is concerned is quashed. iii) A mandamus is issued directing respondent No.3 to delete the name of the Government in respect of the aforesaid land and restore the entries of the names of the petitioners in the relevant RTC’s. iv) In the event of the Deputy Commissioner coming to the conclusion that the said lands are required for any public purpose, the Deputy Commissioner would be at liberty to initiate such proceedings for acquisition in terms of the applicable law. V) Though the above petition is disposed, re-list on 14.02.2025 to enable Respondent No.1 to place - 7 - NC: 2025:KHC-D:1267 WP No. 107338 of 2024 the instructions issued to the Deputy Commissioners on record. Sd/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 1 Sl No.: 30