- 1 - HC-KAR NC: 2025:KHC-D:17207 WP No. 108580 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108580 OF 2025 (CS-RES) BETWEEN: 1. SMT. RAJAMANI W/O LATE. GAVISIDDAPPA AGE: 72 YEARS, OCC: HOUSEHOLD WORK & AGRICULTURE, R/O. 14TH WARD, NISHANI CAMP, T.B. DAM, HOSAPETE - 583225 2. SMT. M JAYANATHI W/O SHANKAR G AGE: 44 YEARS, OCC: HOUSEHOLD WORK & AGRICULTURE, R/O. 14TH WARD, NISHANI CAMP, T.B.DAM, HOSAPETE 583225. 3. SRI. MUKHTAR AHAMED MANIYAR S/O. AHAMED HUSSAIN MANIYAR, AGE: 52 YEARS, OCC: AGRICULTURE, R/O. HOLEMUDLAPUR, PO: MUNIRABAD KOPPAL 583233 4. SRI. BASAVARAJ @ BASAPPA S/O. GANGAVVA, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. HOLEMUDLAPUR, PO: MUNIRABAD KOPPAL 583233 5. SRI. GALEPPA S/O MALASIDDAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O. HULGI, PO: MUNIRABAD KOPPAL 583234. 6. SRI. SHIVAPPA S/O BIDDAPPA AGE: MAJOR, OCC: AGRICULTURE, R/O. HOLEMUDLAPUR, PO: MUNIRABAD KOPPAL 583233. 7. SRI. TATAYYA @ ANJEENAPPA S/O. PEDDAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O. HOLEMUDLAPUR, PO: MUNIRABAD KOPPAL 583233. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17207 WP No. 108580 of 2025 8. SMT. BEENA W/O MOHAMMED GOUSE AGE: 45 YEARS, OCC: HOUSEHOLD WORK AND AGRICULTURE, R/O. HOLEMUDLAPUR, PO: MUNIRABAD KOPPAL 583233. 9. SRI. M.P. BABUJI S/O LATE M SOMULU AGE: 61 YEARS, OCC: AGRICULTURE, R/O. 13TH WARD, EC CAMP, T.B. DAM, HOSAPETE 583225. 10. SRI. YAMUNAPPA S/O. BIDDAPPA AGE: 72 YEARS, OCC: AGRICULTURE, R/O. HOLEMUDLAPUR, PO: MUNIRABAD KOPPAL 583233. 11. SRI. SANN HANUMANTAPPA S/O. BIDDAPPA HARIJAN AGE: 69 YEARS, OCC: AGRICULTURE, R/O. HOLEMUDLAPUR, PO: MUNIRABAD KOPPAL 583233 12. SRI. AKBAR ALI S/O HUSSAIN SAB, AGE: 52 YEARS, OCC: AGRICULTURE, R/O. WARD NO.1, PO: MUNIRABAD KOPPAL 583233. 13. SRI. HULAGAPPA S/O. GALEPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O. HOLE MUDLAPUR, PO: MUNIRABAD KOPPAL 583233. 14. SMT. LAKSHMIDEVI W/O TATAYYA AGE: 49 YEARS, OCC: HOUSEHOLD WORK AND AGRICULTURE, R/O. HOLE MUDLAPUR, PO: MUNIRABAD KOPPAL – 583233. 15. SRI. SANNABASAVARAJ @ BASAPPA S/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O. HOLE MUDLAPUR, PO: MUNIRABAD KOPPAL 583233. 16. SMT. SHAMSHAD BEGAM S/O RAJASAB AGE: 50 YEARS, OCC: HOUSEHOLD AND AGRICULTURE, R/O. MUNIRABAD KOPPAL 583233 17. SRI. ANWAR BASHA S/O HAMID KHAN AGE: 53 YEARS, OCC: AGRICULTURE, R/O. MUNIRABAD KOPPAL 583233 - 3 - HC-KAR NC: 2025:KHC-D:17207 WP No. 108580 of 2025 18. SMT. HUSSAIN BI W/O HUSSAIN SAB AGE: 81 YEARS, OCC: HOUSEHOLD AND WORK AND AGRICULTURE, R/O. MUNIRABAD KOPPAL 583233 19. SRI. DADA KHALANDR SHA S/O HUSSAIN SAB AGE: 53 YEARS, OCC: AGRICULTURE, R/O. MUNIRABAD KOPPAL 583233. 20. SRI. GANGAPPA S/O ESHAPPA AGE: 39 YEARS, OCC: AGRICULTURE, R/O. HOLE MUDLAPUR, MUNIRABAD KOPPAL 583233. 21. SRI. HULUGAPPA S/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O. HOLE MUDLAPUR, MUNIRABAD KOPPAL 583233. 22. SRI. SHARANABASAVA S/O. SUGAPPA AGE: 42 YEARS, OCC: AGRICULTURE & OTHERS, R/O. HOLE MUDLAPUR, MUNIRABAD KOPPAL 583233. SUSHEELAMMA W/O. SUGAPPA SINCE DECEASED BY HER LRS. 23 SRI. HARISHA S/O SUGAPPA AGE: 50 YEARS, OCC: AGRICULTURE, R/O.MUNIRABAD, KOPPAL 583233 SUGAPPA S/O SHIVALINGAPPA SINCE DECEASED BY HIS LRS. 24. SRI. S MOHAN S/O SUGAPPA AGE: 50 YEARS, OCC: AGRICULTURE, R/O.MUNIRABAD, KOPPAL 583233 BUDDAMMA W/O ESHAPPA SINCE DECEASED BY HER LRS. 25. SRI. ESHAPPA S/O BIDDAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O.MUNIRABAD, KOPPAL 583233 - 4 - HC-KAR NC: 2025:KHC-D:17207 WP No. 108580 of 2025 26. SMT. DYAMAVVA W/O SHIVAPPA LINGADALLI AGE: 55 YEARS, OCC: HOUSEHOLD WORK AND AGRICULTURE, R/O. HOLE MUDLAPUR, MUNIRABAD KOPPAL 583233. RAJASAB S/O HUSSAIN SAB SINCE DECEASED BY HIS LRS. 27. SRI. ALLABHAKSHA S/O RAJASAB, AGE: 59 YEARS, OCC: AGRICULTURE, R/O.MUNIRABAD, KOPPAL 583233 MALLA SIDDAPPA M/O BARAMAVVA SINCE DECEASED BY HIS LRS. 28. SRI. NAGAPPA S/O MARALASIDDAPPA, AGE: 41 YEARS, OCC: AGRICULTURE, R/O. HULGI, KOPPAL - 583234 SHAMAJI S/O. KIMAJI SINCE DECEASED BY HIS LRS. 29. SRI. KISHAN S/O SHAMJI, AGE: 70 YEARS, OCC: AGRICULTURE, R/O.MUNIRABAD, KOPPAL 583233. MAHAMOOD MANIYAR S/O AHAMED HUSSAIN MANIYAR SINCE DECEASED BY HIS LRS. 30. SMT. HASHMATH BEGUM W/O MAHAMOOD MANIYAR, AGE: 62 YEARS, OCC: HOUSEHOLD WORK AND AGRICULTURE, R/O. RANIPET, HOSAPETE – 583201. SHIVALINGAPPA S/O. MARIYAPPA H SINCE DECEASED BY HIS LRS. 31. SMT. H. NAGAMMA W/O H SHIVALINGAPPA AGE: 80 YEARS, OCC: AGRICULTURE, R/O.MUNIRABAD, KOPPAL 583233. 32.SMT. DRAKSHYANI W/O. VEERUPKSHAGOUDA POLICGOUDA AGE: 50 YEARS, OCC: HOUSEHOLD WORK AND AGRICULTURE, R/O. HOLE MUDLAPUR, MUNIRABAD KOPPAL 583233. - 5 - HC-KAR NC: 2025:KHC-D:17207 WP No. 108580 of 2025 HUSSAIN SAB S/O IMAM SAB SINCE DECEASED BY HIS LRS. 33. SRI. AKBAR ALI S/O HUSSAIN SAB, AGE: 52 YEARS, OCC: AGRICULTURE, R/O.MUNIRABAD, KOPPAL 583233. 34. SRI. CHANDRA LAXMAN S/O HANUMANTHAPPA KATAGAL AGE: 57 YEARS, NEAR PILLAI HOTEL, R/O. MUNIRABAD, KOPPAL 583233. 35. SMT. YALLAMMA W/O SANNA HANUMANTHAPPA AGE: 58 YEARS, OCC: HOUSEHOLD WORK AND AGRICULTURE, 30TH WARD, HES COLONY, T.B.DAM HOSAPETE 583225. …PETITIONERS (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE) AND: 1. PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE, GOVERNMENT OF KARNATAKA, BENGALURU. 2. THE DEPUTY COMMISSIONER, KOPPAL DISTRICT. 3. THE TAHASILDAR, KOPPAL DISTRICT. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCITIES, KOPPAL-583201. …RESPONDENTS (BY SMT. NANDINI SOMAPUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER THE CASE OF THE PETITIONERS FOR CHANGE OF KHATA IN TERMS OF THE ALLOTMENT ORDERS VIDE ANNEXURES- A, A1 TO A34 AND ALSO IN TERMS OF THE ORDER DATED 11.07.2013 BEARING NO. UNIKO/VI.3/LQD/130/13-14/578 PASSED BY THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, KOPPAL VIDE ANNEXURE-B, IN THE INTEREST OF JUSTICE AND EQUITY. - 6 - HC-KAR NC: 2025:KHC-D:17207 WP No. 108580 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following reliefs. A) Issue Writ in the nature of Mandamus directing the Respondent to consider the case of the Petitioners for change of Khata in terms of the allotment orders vide Annexures- A, A1 to A34 and also in terms of the order dated 11.07.2013 bearing No.UNiKo/Vi.3/LQD/130/13-14/578 passed by the Deputy Registrar of Co-Operative Societies, Koppal vide Annexure-B, in the interest of justice and equity. B) Issue such other suitable order/s or direction as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. 2. The learned counsel for the petitioners submits that in identically placed petitioners, the Co-ordinate Bench of this Court in W.P. Nos.102983-992/2018 disposed of on 24.06.2020 has held as follows: “The top noted writ petition is filed seeking writ of mandamus against the respondent to consider the case of the petitioners for change of katha in terms of allotment orders as per Annexures-A to K. 2. The facts leading to the top noted writ petition are as under: - 7 - HC-KAR NC: 2025:KHC-D:17207 WP No. 108580 of 2025 3. Petitioners are claiming to be the land losers under Tungabhadra Project, Munirabad. The Additional Development Officer attached to Tungabhadra Project by order dated 24.06.1956 bearing No.67/54/70 took decision to allot Sy.No.312 measuring 109 A- 13 G and Sy.No.313 measuring 74 A-20 G. Subsequently, renumbered as Sy.No.160 totally measuring 183 A- 33 G. The land losers have formed a society called as Tenants Farming Society. 4. The case of the petitioners before this Court is that Tenants Farming Society is consisting of 116 members including the petitioners. 5. The petitioners to demonstrate prima facie to this Court that they have got rights in respect of petition lands are relying on allotment orders which are placed on record as per Annexures-A to K. It is specific contention of the petitioners that they are in actually possession and also cultivating the respective extent indicated in the allotment orders as per Annexures-A to K. 6. Grievance of the petitioner before this Court is that Tenants Farming Society was liquidated. This compelled the petitioners to approach the Deputy Registrar of Co-operative Societies with request to transfer the allotted lands in favour of the petitioners. Subsequent to representation, it appears that the Deputy Registrar of Cooperative Societies directed the present respondent to verify the actual cultivation of the lands of the petitioners and other members and after verifying the revenue records and drawing mahazar to transfer the lands in the names of petitioners in terms of Section 92(4) the Karnataka Land Reforms Act, 1961 (for short the Act). The Grievance of the petitioners is that this direction was issued by the Deputy Registrar of Co- operative Societies on 11.07.2013 which is placed on record before this court as per Annexure-L to the writ petition. The grievance of the petitioner is inspite of there being a direction, the respondent has not passed appropriate orders in terms of provision of Section 92(4) of the Act. 7. Heard the counsel for petitioners and learned AGA and perused the materials on record. - 8 - HC-KAR NC: 2025:KHC-D:17207 WP No. 108580 of 2025 8. On perusal of the allotment orders as per Annexures-A to K it is clearly evident that the petitioners were entitled for allotments of lands on account of having lost their lands in Tungabhadra project. On account of liquidation of the society, the petitioners are requesting the respondent authority to take appropriate action in terms of Section 92(4) of the Act. 9. Learned AGA would submit to this Court that representation of the petitioners would be considered by the respondent in accordance with law. 10. Recording the above said submission, this Court would pass the following order: i) Writ of mandamus is issued to the respondent with a direction to consider the claim of the petitioners by taking note of allotment orders as per Annexures-A to K and thereafter shall proceed to determine the rights of the petitioners under Section 92(4) of the Act. While doing so, the respondent shall also follow the directions issued by the Deputy Registrar of the Co-operative societies as per order dated 11.07.2013 passed in UNiKO/Vi.3/LQD/130/13-14/578 vide Annexure-L to the writ petition. ii) Since there is inaction in not considering the claim of the petitioners from 2013, this Court would direct the respondent to pass appropriate orders within five months from the date of receipt of certified copy of this Order.” 3. In the light of the said order passed by the Co- ordinate Bench quoted supra, I deem it appropriate to dispose the subject petition by directing the respondent – State to consider the representation of the petitioner in accordance with - 9 - HC-KAR NC: 2025:KHC-D:17207 WP No. 108580 of 2025 law and pass orders thereon within four months from the date of receipt of the copy of this order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Rsh CT:ANB List No.: 1 Sl No.: 63