- 1 - HC-KAR NC: 2025:KHC-D:18175 WP No. 48063 of 2011 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.48063 OF 2011 (KLR-RES) BETWEEN: THIMMAPPA S/O. LATE BHEEMAPPA UPPAR AGE: 50 YEARS, OCC: AGRICULTURE, R/O. JANGAMARA KALGUDI, TQ: GANGAVATI, THROUGH HIS GPA HOLDER, VENKANNA @ VENKATESH S/O. LATE BHEEMAPPA UPPAR, AGE: 40 YEARS, OCC: AGRICULTURE, R/O. JANGAMARA KALGUDI, TQ: GANGAVATHI, DIST: KOPPAL. …PETITIONER (BY SRI. DEEPAK C.MAGANUR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BANGALORE-1. 2. THE TAHASILDAR, GANGAVATHI, DIST: KOPPAL. 3. GURUSIDDAYYA S/O. KOLA SHANTHAIAH 4. NAGAPPA SHASTRI S/O. NOT KNOWN. 5. SANGAPPA S/O. NOT KNOWN. 6. BETTADAPPA J S/O. NOT KNOWN. 7. BASAVARAJ S/O. NOT KNOWN. ALL ARE MAJOR, R/AT: JANGAMARAKALGUDI, TQ: GANGAVATHI, DIST: KOPPAL. …RESPONDENTS (BY SRI. MAHABALESHWAR HASINAL, ADVOCATE FOR R3 TO R7; SRI. PRAVEEN K.UPPAR, AGA FOR R1 AND R2; SRI. A.S.PATIL, ADVOCATE FOR R3 TO R7) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.19 16:10:09 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18175 WP No. 48063 of 2011 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 QUASHING THE ORDER/NOTICE DATED 13/12/2011, BEARING NO.KAM/MAG/72/2011-12, PASSED BY 2ND RESPONDENT, PRODUCED AS ANNEXURE-K AND A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE TAHASILDAR NOT TO ALTER THE ROR OF LAND SY.NO.68A MEASURING 7.06 ACRES OF JANGAMARA KALGUDI, AS EXISTED TILL 2010-11 AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing the order dated 13.12.2011 passed by respondent No.2 marked at Annexure-K. 2. In terms of order dated 13.12.2011, respondent No.2-Tahasildar, Gangavathi had directed the police to give protection to the public to stock haystack in the property bearing Sy.No.68/A measuring 3.05 acres in Jangamarakalgudi village, Tq: Gangavathi. 3. Learned counsel for the petitioner has assailed the order on two grounds: - 3 - HC-KAR NC: 2025:KHC-D:18175 WP No. 48063 of 2011 (a) The order is passed without notice and without hearing the petitioner; (b) The order is passed on an erroneous assumption that the property is acquired by the State for the public purpose. 4. Learned Additional Government Advocate appearing for respondents No.1 and 2-State would submit that the property is already acquired for public purpose in terms of order marked at Annexure-R1 dated 28.08.1954. 5. Learned counsel appearing for respondents No.3 to 7 would contend that the public have been using this particular property to stock haystack and the petitioner's suit for possession of this particular property is dismissed; and appeal is also dismissed and the Regular Second Appeal is pending. - 4 - HC-KAR NC: 2025:KHC-D:18175 WP No. 48063 of 2011 6. The Court has considered the contentions raised at the Bar and perused the records. 7. The order of respondent No.2 dated 13.12.2011 marked at Annexure-K admittedly is passed without hearing the petitioner, as such, the same has to be set-aside. 8. Apart from that, the question is whether the property in question is acquired for public purpose as contended by the respondents-State. Annexure-R1 is not an award for having acquired the property bearing Sy.No.68/A referred to above. Even the document at Annexure-R1, which is dated 28.08.1954, would only reveal a portion of Sy.No.68 of Jangamarakalgudi village, Tq: Gangavathi, is acquired for stocking fodder stacks. 9. However, what is the extent of land acquired is not forthcoming; the land acquisition proceeding is not - 5 - HC-KAR NC: 2025:KHC-D:18175 WP No. 48063 of 2011 forthcoming; the compensation awarded, if any, is not forthcoming and particulars of the award, if any, is also not forthcoming. 10. Learned Additional Government Advocate appearing for the respondents-State would also refer to the document at Annexure-R2, which is the memo dated 15.11.1974 signed by Deputy Administrator, TBP, Munirabad. It appears to be a memo issued on an application by the Agriculturalists regarding allotment of plot for storing fodder and manure in Sy.No.68. It is further stated in the said memo that an area measuring 3-acres 39-guntas in Sy.No.68 is acquired for the purpose of rehabilitation of the resettlers. It is further stated that acquisition was made by the Additional Development Officer, TBP, Mundirabad, for rehabilitation of the settlers in Jangamarakalgudi village, Tq: Gangavathi vide File No.78/15/1954. - 6 - HC-KAR NC: 2025:KHC-D:18175 WP No. 48063 of 2011 11. Document at Annexure-R2 does not speak about any acquisition proceeding, which is recognized under law. No award is produced. 12. Under these circumstances, the Court is of the view that no materials are placed to hold that the land in question is acquired. 13. Hence, the following: ORDER i. Writ petition is allowed. ii. Impugned order dated 13.12.2011 passed by respondent No.2-Tahasildar at Annexure-K is quashed. iii. The rights of the parties either easement or anything else, is not adjudicated in this proceeding. - 7 - HC-KAR NC: 2025:KHC-D:18175 WP No. 48063 of 2011 iv. The pending Regular Second Appeal shall be decided based on the evidence, which is placed before the said Court. v. This Court has only considered the question whether the land in question is acquired as required under law. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- Ct:vh List No.: 1 Sl No.: 66