- 1 - HC-KAR NC: 2026:KHC-D:889 WP No. 100476 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100476 OF 2026 (KLR-RES) BETWEEN: SHIVAPPA S/O. KOLLAPPA KOLLAPPANAVAR AGE: 70 YEARS, OCC: AGRICULTURE, R/O. MALAGITTI, TQ: KUSHTAGI, DIST: KOPPAL-583280. …PETITIONER (BY SRI. SHIVANAND MALASHETTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER KOPPAL, DIST: KOPPAL-583231. 3. THE ASSISTANT COMMISSIONER KOPPAL SUB DIVISION, KOPPAL-583231. 4. THE TAHASILDAR KUSHTAGI-583277. 5. VILLAGE ACCOUNTANT MALAGITTI VILLAGE, TQ: KUSHTAGI, DIST: KOPPAL-583280. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION IN THE NATURE OF WRIT QUASHING THE IMPUGNED NOTIFICATION ISSUED BY THE 2ND RESPONDENT / DEPUTY COMMISSIONER IN FORM 2-E, UNDER SECTION 38A DATED 06/09/2025 ITS BEARING NO. TOKST/ LNDOMSC/284/2025/E-369858 VIDE ANNEXURE-C, IN SO FOR PETITIONER IS CONCERNED AND ETC. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.27 11:22:35 +0530 - 2 - HC-KAR NC: 2026:KHC-D:889 WP No. 100476 of 2026 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 ORAL ORDER Learned Additional Government Advocate accepts notice for the respondents. 2. The petitioner has approached this Court seeking to quash the impugned notification dated 06.09.2025 (Annexure-C), issued by respondent No.2 - Deputy Commissioner under Section 38A of the Karnataka Land Reforms Act, 1961 (‘the KLR Act’ for short), whereby the land bearing Sy.No.90/4 measuring 4 acres 35 guntas of Malagitti village, Kustagi Taluk, Koppal District has been declared as unrecorded habitation, along with consequential reliefs. 3. Heard the learned counsel appearing for the petitioner and learned Additional Government Advocate appearing for the respondents/State. - 3 - HC-KAR NC: 2026:KHC-D:889 WP No. 100476 of 2026 4. Learned Senior Counsel appearing for the petitioner submits that the impugned notification has been issued without issuing any notice to the petitioner, whose name admittedly stands recorded in the revenue records in respect of the subject land. It is contended that neither an individual notice nor any public notice was issued before exercising power under Section 38A of the KLR Act. It is submitted that the issue involved in the present writ petition is squarely covered by the decision of the Co- ordinate Bench of this Court in the case of Smt.Sonavva W/o. Ganapati Nayak and others vs. State of Karnataka and Others1 (Smt.Sonavva), wherein notifications issued under Section 38A of the KLR Act, without notice to the persons whose names are reflected in the revenue records are set aside. 5. Per contra, learned AGA seeks to justify the action of the Deputy Commissioner. 1 WP No.107338/2024 (23.01.2025) - 4 - HC-KAR NC: 2026:KHC-D:889 WP No. 100476 of 2026 6. Having considered the submission and on perusal of the material on record, it is not in dispute that the petitioner’s name is reflected in record of rights in respect of the subject land (Annexure-B). When such entries exist the Deputy Commissioner, while exercising the power under Section 38A of the KLR Act, is mandatorily required to issue notice to the persons whose names are recorded in the revenue records and afford them an opportunity of hearing before issuing any notification, declaring the land as “unrecorded habitation”. 7. The Co-ordinate Bench of this Court in the case of Smt. Sonavva has categorically held, issue of notice is sine qua non, where revenue entries exist and that failure do so vitiates the notification issued under Section 38A of the KLR Act. The said principles are squarely applied to the present facts. 8. In the absence of compliance of the principles of natural justice, the impugned notification cannot be sustained in law. - 5 - HC-KAR NC: 2026:KHC-D:889 WP No. 100476 of 2026 9. For the foregoing reasons, this Court pass the following: ORDER i. The writ petition is allowed. ii. The impugned notification dated 06.09.2025 bearing No.TOKST/LNDOMSC/284/2025/E- 369858 SAN/KAM/BHUSU/KAMGRA/07/2025- 26 (Annexure-C) insofar as it relates to Sy.No.90 of Malagitti Village, Kustagi Taluk, Koppal District is hereby quashed. iii. Mandamus is issued, directing respondent No.3 to delete the name of Government, if entered pursuant to the impugned notification and to restore the name of the petitioner in the relevant record of rights. iv. It is made clear, if the Deputy Commissioner comes to the conclusion that the said lands are required for any public purpose, it shall be - 6 - HC-KAR NC: 2026:KHC-D:889 WP No. 100476 of 2026 open to the authorities to initiate appropriate proceedings including acquisition strictly in accordance with law. Sd/- JUSTICE K.S.HEMALEKHA gab Ct:VH List No.: 1 Sl No.: 18