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2025 DAILYLAW 85506 (KAR)

SHRIKANT KARABASAYYA HIREMATH v. THE DEPUTY COMMISSIONER

WP/107322/2025 · 2025-12-18

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:18656 WP No. 107322 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107322 OF 2025 (SC-ST) BETWEEN: 1. SHRIKANT KARABASAYYA HIREMATH A/A 52 YEARS, OCC: AGRICULTURIST, R/O. CHIGALLI-581349, TAL: MUNDGOD, UTTARA KANNADA DISTRICT. 2. JAGADISH KARABASAYYA HIREMATH A/A 48 YEARS, OCC: AGRICULTURIST, R/O. CHIGALLI-581349, TAL: MUNDGOD, UTTARA KANNDA DISTRICT. …PETITIONERS (BY SRI. ARUNACHAL P.HEGDE, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER UTTARA KANNDA DISTRICT, KARAWAR-581301. 2. THE ASSISTANT COMMISSIONER SIRSI SUB-DIVISION SIRSI, UTTARA KANNADA DISTRICT-581301. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:18656 WP No. 107322 of 2025 3. SHEKAPPA DYAMANNA WADDAR A/A 40 YEARS, CONTRACTOR, R/O. LAMBANI TANDA, TAL: MUNDGOD, UTTARA KANNADA DISTRICT-581349. 4. SUBHASH DYAMANNA WADDAR A/A 38 YEARS, CONTRACTOR, R/O. LAMBANI TANDA, TAL: MUNDGOD, UTTARA KANNADA DISTRICT-581349. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1 AND R2; SRI. VENKATESH M.KHARVI, ADVOCATE FOR R3 AND R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI; QUASHING THE IMPUGNED ORDER PASSED BY RESPONDENT NO.2 DATED 20.11.2024 IN PTCL-02-2024 (ANNEXURE-A) AND IMPUGNED ORDER PASSED BY THE RESPONDENT NO.1 DATED 14.07.2025 IN PTCL/3/2024 (ANNEXURE-B), BY ALLOWING THIS PETITION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18656 WP No. 107322 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Learned counsel for respondents No.3 and 4 filed a memo to the effect that respondents No.3 and 4 have no objection to allow the petition. 2. It is submitted that the first transaction relating to the petition property has taken place on 10.04.1968. The dispute relating to violation of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 has taken place is raised on 21.03.2024. 3. Hence, the orders passed by the Assistant Commissioner and Deputy Commissioner are contrary to the judgment of the Apex Court in Nekkanti Ram Lakshmi Vs. State of Karnataka and Others1. 4. Considering the ratio laid down and also the memos filed by respondents No.3 and respondent No.4, the following order is passed. ORDER i. Writ petition is allowed. 1 (2020) 14 SCC 232 - 4 - HC-KAR NC: 2025:KHC-D:18656 WP No. 107322 of 2025 ii. Impugned orders dated 20.11.2024 in PTCL- 02/2024 passed by respondent No.2 and order dated 14.07.2025 passed by respondent No.1 are quashed. iii. The registry to enter the name of the petitioner in the property records within 30 days from the date of the receipt of the copy of the order. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK Ct:VH List No.: 1 Sl No.: 138