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2026 DAILYLAW 39404 (KAR)

SRI. M PARAMESHWARA NAIK v. THE STATE OF KARNATAKA

WP/27928/2026 · 2026-09-09

C M Poonacha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010606492026 NC: 2026:KHC:49181 WP No. 27928 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 27928 OF 2026 (GM-RES) BETWEEN: SRI. M PARAMESHWARA NAIK S/O. KUNCHA NAIK, AGED ABOUT 72 YEARS, RESIDING AT NO.4-9/1, NAGRI HOUSE, SAJIPAMUDA POST AND VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT - 574 231 …PETITIONER (BY SRI. NARASHIMHA GANESH RAO, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER REPRESENTED BY DAKSHINA KANNADA DISTRICT, MANGALURU - 575 001. 3. THE TAHSILDAR, BANTWAL TALUK, TALUK OFFICE, D.K. DISTRICT - 574 211. 4. THE REVENUE INSPECTOR Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010606492026 NC: 2026:KHC:49181 WP No. 27928 of 2026 / VILLAGE ACCOUNTANT, SAJIPAMUDA VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASHING THE IMPUGNED ORDER DATED 29.05.2026 BEARING PROCEEDINGS MSC(4) C.R.NO. 349/2025-26, PASSED BY RESPONDENT NO.3, WHEREBY THE RESIDENCE CERTIFICATE BEARING NO. RD1218219037490 ISSUED IN FAVOUR OF THE PETITIONER HAS BEEN CANCELLED. ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present petition is filed seeking for the following reliefs. a) Issue a writ of Certiorari or any other appropriate writ, order or direction, quashing the order dated 29.05.2026 bearing Proceedings M.S.C.(4) C.R.No 349/2025-26, passed by Respondent No.3, whereby the Residence Certificate bearing No. RD1218219037490 issued in favour of the Petitioner has been cancelled; Annexure-C b) Quash the consequential proceedings/endorsement dated 01.06.2026 issued pursuant to the impugned cancellation order; bearing No. M.S.C (4) C.R.349/2025-26. marked as Annexure-D. c) Consequently, direct the Respondents to restore and treat as valid the Residence Certificate bearing No. RD1218219037490 issued in favour of the Petitioner; e) Grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest o justice and equity." Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010606492026 NC: 2026:KHC:49181 WP No. 27928 of 2026 2. The petitioner is, interalia, aggrieved by the cancellation of residence certificate dated 04.09.2025 (Annexure-B to the writ petition) issued in favour of the petitioner. 3. It is the case of the petitioner that, the said residence certificate has been cancelled without notice to the petitioner. 4. Learned counsel to the petitioner relies on the Co- ordinate Bench judgment of this Court in the case of Venkatamma -vs- Special Tahshildar and others1. 5. Learned Additional Government Advocate appearing for the respondent-State submits that, based on the information that the petitioner was not a resident of Bantwal, the residence certificate has been cancelled. 6. Learned counsel for the petitioner is unable to demonstrate any statute/rule on the basis of which the said residence certificate dated 04.09.2025 has been issued in his 1 W.P.No.81332/2010-Order dated 09.04.2015 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010606492026 NC: 2026:KHC:49181 WP No. 27928 of 2026 favour. In the event, the petitioner is aggrieved by the cancellation of the residence certificate dated 04.09.2025, it is expedient that the petitioner be permitted to appear before the Concerned Authorities so as to demonstrate that he is entitled to issuance of a registration certificate. 7. The reliance placed on the learned counsel for the petitioner on the judgment of the co-ordinate bench of this court in the case of Venkatamma1 will not aid the case of the petitioner, in view of the fact that, in the said case a domicile certificate was withdrawn and the same was used by the petitioner in the said case for applying to the post of an Anganwadi Supervisor. In the said circumstances, this Court had quashed the withdrawal of the domicile certificate. 8. The petitioner shall appear before the third respondent-Tahsildar on 28.09.2026 at 3.00 p.m. 9. The petitioner is at liberty to furnish such material to demonstrate that a registration certificate is to be issued in his favour. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010606492026 NC: 2026:KHC:49181 WP No. 27928 of 2026 10. The third respondent shall consider the material produced by the petitioner and conduct further proceedings and do such acts in accordance with law. 11. With the aforementioned observations, the writ petition stands disposed of. (C.M. POONACHA) JUDGE HR List No.: 1 Sl No.: 21 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA