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2026 DAILYLAW 52222 (KAR)

MOULASAB S/O MODINSAB KHANAMMANAVAR v. THE STATE OF KARNATAKA

WP/100027/2026 · 2026-01-06

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:55 WP No. 100027 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.100027 OF 2026 (KLR-RR/SUR) BETWEEN: MOULASAB S/O. MODINSAB KHANAMMANAVAR AGE: 49 YEARS, OCC: NIL, R/O. HANCHINAL VILLAGE, TQ: KUNDGOL, DIST: DHARWAD-581113. …PETITIONER (BY SRI. SADIQ N.GOODWALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU-01. 2. THE TAHSILDAR KUNDGOL-581113, DIST: DHARWAD. 3. RAJBI W/O. MOULASAB SHETSANADI AGE: 48 YEARS, OCC: AGRICULTURE. 4. FATOBI W/O. HASANSAB KHANAMMANAVAR, AGE: 46 YEARS, OCC: AGRICULTURE. 5. IMAMSAB S/O. HASANSAB KHANAMMANAVAR, AGE: 44 YEARS, OCC: AGRICULTURE. 6. MAHABUBI MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.08 11:13:40 +0530 - 2 - HC-KAR NC: 2026:KHC-D:55 WP No. 100027 of 2026 D/O. HASANSAB KHANAMMANAVAR, AGE: 42 YEARS, OCC: AGRICULTURE. 7. BEGUMBI D/O. HASANSAB KHANAMMANAVAR, AGE: 40 YEARS, OCC: AGRICULTURE. 8. DASTGIRSAB S/O. HUSSAINSAB KHANAMMANAVAR, AGE: 62 YEARS, OCC: AGRICULTURE. 9. NABISAB S/O. HUSSSIANSAB KHANAMMANAVAR, AGE: 60 YEARS, OCC: AGRICULTURE. 10. BUDESAB S/O. HUSSAINSAB KHANAMMANAVAR, AGE: 62 YEARS, OCC: AGRICULTURE. 11. SHARIFSAB S/O. MODENSAB KHANAMMANAVAR, AGE: 45 YEARS, OCC: AGRICULTURE, RESPONDENT NOS.3 TO 11 ARE R/O: YELIVAL VILLAGE, TQ: KUNDGOL, DIST: DHARWAD – 581113. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO PROCEED FURTHER AND PASS ORDERS IN ACCORDANCE WITH LAW BASED ON THE NOTICE DATED 03.11.2025 IN NO.BHUMI/VAHI/2025 VIDE ANNEXURE-F AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:55 WP No. 100027 of 2026 ORAL ORDER The writ petition is disposed of at the preliminary stage itself, without issuance of notice to respondents No.3 to 11 private individuals. 2. Heard learned counsel for the petitioner and the learned counsel appearing for the respondent. 3. The petitioner had earlier approached this Court in W.P.No.107307 of 2015, calling in question the order dated 26.03.2015 passed by the Tahasildar/respondent No.2, on the ground that the said order was passed without affording an opportunity of hearing. This Court, vide order dated 21.08.2024 disposed of the writ petition, which reads as under: “5. Suffice it to note that the petitioner was the respondent before the Tahsildar. A perusal of the order of the Tahsildar reveals that notice was not issued to the petitioner. The Tahsildar proceeded further in the matter and concludes that the petitioner was not in village and hence notice was not issued to him. This is unsustainable in law. The order passed by the Tahsildar is in violation of principles of natural justice. In my view, an opportunity of being heard should have been accorded to the petitioner. Therefore, the order - 4 - HC-KAR NC: 2026:KHC-D:55 WP No. 100027 of 2026 passed by the Tahsildar is liable to be set-aside. Accordingly, it is set-aside. 6. The Writ of Certiorari is ordered. The order dated 26.03.2015 passed by the Tahsildar, Kundagol in /2013-14 vide Annexure-D is quashed.” 4. Learned counsel for the petitioner submits that pursuant to the aforesaid order, the petitioner submitted a representation seeking correction of entries in the revenue records. In furtherance thereof, respondent No.2 on 03.11.2025, issued a notice calling upon the petitioner to produce the relevant documents, pursuant to which, the petitioner has duly complied with. However, despite the same, respondent No.2 has not passed any order on the said application/representation. Hence, the grievance of the petitioner is non-consideration of the representation not with standing the remand order passed by this Court. Learned counsel for the petitioner contends that in the earlier proceedings in W.P.No.107307/2015, this Court, while entertaining the writ petition, had granted an interim order protecting the possession and the existing entries in - 5 - HC-KAR NC: 2026:KHC-D:55 WP No. 100027 of 2026 revenue records and which continued to operate till disposal of the writ petition. 5. Learned Additional Government Advocate appearing for the respondent/State submits that the representation is under consideration and that respondent No.2 has already called upon the petitioner to produce the documents necessary for adjudication. It is submitted that respondent No.2 will consider the application/ representation in accordance with law within a reasonable time-bound manner. 6. Having regard to the submissions made by both sides, and the matter being remitted by this Court to the Tahasildar for fresh consideration in accordance with law, this Court deems it appropriate to issue necessary direction. 7. Accordingly, the following: ORDER i. The Writ petition is disposed of. - 6 - HC-KAR NC: 2026:KHC-D:55 WP No. 100027 of 2026 ii. The respondent-Authority is directed to consider the representation/application in accordance with law within a period of four weeks from the date of receipt of certified copy of this order. iii. Till such consideration, the parties shall maintain status quo as to the entries in the revenue records. Sd/- JUSTICE K.S.HEMALEKHA AM/- Ct:VH List No.: 1 Sl No.: 24