- 1 - HC-KAR NC: 2025:KHC-D:9541 WP No. 104960 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.104960 OF 2025 (LR) BETWEEN: SMT. NEHA DESAI W/O. SHIVARAJ, AGE: 60 YEARS, OCC. HOUSEHOLD WORK, R/O. NANADIWADI, TQ: CHIKKODI, DISTRICT: BELAGAVI-591201. …PETITIONER (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHAN SOUDHA, BENGALURU-560001. 2. THE DIRECTOR REVENUE CELL FOR CREATION OF REVENUE VILLAGE AND IN CHARGE DEPUTY SECRETARY, FOR GOVERNMENT REVENUE DEPARTMENT M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU -01. 3. THE DEPUTY COMMISSIONER, BELAGAVI, TQ. AND DIST. BELAGAVI-590001. 4. THE TAHSILDAR, CHIKKODI, TQ. CHIKKODI, DIST BELAGAVI-591201. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9541 WP No. 104960 of 2025 5. ASSISTANT COMMISSIONER, CHIKKODI, SUB DIVISION, CHIKKODI-591201. 6. THE TAHSILDAR, CHIKKODI, TQ: CHIKKODI-591201 …RESPONDENTS (BY SRI. T. HANUMREDDY, AGA FOR R1 TO R6) --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER, QUASHING THE IMPUGNED ORDER DATED 29.10.2021 IN NO.KANSHA/KAN.GRA /2E/18/2021-22 PASSED UNDER SECTION 38A OF THE KARNATAKA LAND REFORMS ACT, VIDE ANNEXURE-C, PASSED BY THE RESPONDENT NO. 3. 1N RESPECT OF SY NO.82/6 82/7 AND 82/8 MEASURING 1A-21 GUNTAS. B) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO RESTORE THE NAME OF THE PETITIONER IN THE REVENUE RECORDS IN RESPECT OF LAND BEARING SY. NOS. 82/6, 82/7 AND 82/8 SITUATED AT NANADIWADI VILLAGE, CHIKKODI TALUK, BELAGAVI DISTRICT. 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 respondent Nos.1 to 6. 2. The petitioner is before this Court seeking for the following reliefs: - 3 - HC-KAR NC: 2025:KHC-D:9541 WP No. 104960 of 2025 a. Issue a writ of Certiorari or any other appropriate writ or order, quashing the impugned order dated 29.10.2021 in no.Kansha/Kan.Gra/2E/18/2021-22 passed under Section 38A of the Karnataka Land Reforms Act, Vide Annexure-C, passed by the Respondent No.3. 1n respect of Sy No.82/6 82/7 and 82/8 measuring 1A-21 Guntas. b. Issue a writ of mandamus directing the respondents to restore the name of the petitioner in the revenue records in respect of land bearing Sy. Nos. 82/6, 82/7 and 82/8 situated at Nanadiwadi Village, Chikkodi Taluk, Belagavi District. 3. The short grievance of the petitioner is that, without issuance of any notice and in the absence of the petitioner, respondent No.3 has declared the land belonging to the petitioner in Survey Nos.82/6, 82/7 and 82/8 of Nanadiwadi Village, Chikkodi Taluk, under Section 38A of the Karnataka Land Reforms Act, 1961, as unrecorded habitat. 4. A perusal of the documents does not indicate any notice having been served on the petitioner. The petitioner claiming to be the owner of the land on the basis of the registered sale deed and mutation - 4 - HC-KAR NC: 2025:KHC-D:9541 WP No. 104960 of 2025 entries made, as also entries made in the revenue records, it was but required for the Deputy Commissioner to issue notice to the persons whose names were found in the public documents before declaring the said lands as unrecorded habitat under Section 38A of the Karnataka Land Reforms Act. The same not having been done, I am of the considered opinion that the petition would have to be allowed. 5. As such, I pass the following: ORDER i. Writ petition is allowed. ii. A certiorari is issued, impugned order dated 29.10.2021 passed by the Deputy Commissioner, Belagavi, at Annexure-C, is quashed. iii. Liberty is reserved to respondent No.3 to issue notice to the petitioner, consider the objections and documents furnished by the petitioner - 5 - HC-KAR NC: 2025:KHC-D:9541 WP No. 104960 of 2025 before issuing a notification under Section 38A of the Karnataka Land Reforms Act, which necessarily would have to be preceded by a reasoned order after considering the documents on record. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA LIST NO.: 1 SL NO.: 86