- 1 - HC-KAR NC: 2026:KHC-D:821 WP No. 100355 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.100355 OF 2026 (KLR-RES) BETWEEN: 1. SRI. BASANAGOUDA S/O. MAHADEVAGOUDA PATIL AGE: 66 YEARS, OCC: AGRICULTURISTT, R/O. SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI-591127. 2. SRI. BHEEMAPPA S/O. RAYAPPA BAGOJI, AGE: 60 YEARS, OCC: AGRICULTURIST, R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. 3. SRI. SHIVAPPA S/O. RAYAPPA BAGOJI, AGE: 54 YEARS, OCC: AGRICULTURIST, R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. 4. SRI. FAKIRAPPA S/O. TIMMANNA BAGOJI, AGE: 52 YEARS, OCC: AGRICULTURIST, R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. 5. SMT. HANUMAVVA W/O. MADEVAPPA BAGOJI AGE: 75 YEARS, OCC: HOUSEHOLD WORK, R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.30 10:48:05 +0530 - 2 - HC-KAR NC: 2026:KHC-D:821 WP No. 100355 of 2026 6. SRI. TIPPANNA S/O. NAGAPPA BAGOJI, AGE: 62 YEARS, OCC: AGRICULTURIST, R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. 7. SMT. KAMALAVVA W/O. SOMALINGAPPA KARIGAR, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. 8. SRI. HANUMANT S/O. NAGAPPA BAGOJI, AGE: 49 YEARS, OCC: AGRICULTURIST, R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. 9. SMT. LAXMAVVA W/O. HANUMANT BAGOJI, AGE: 47 YEARS, OCC: HOUSEHOLD WORK, R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. 10. SMT. RENAVVA W/O. MAHADEVAPPA METAGUDDA, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. 11. SMT. GIRIJAVVA W/O. MALLAPPA GOVAR, AGE: 38 YEARS, OCC: HOUSEHOLD WORK, R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. 12. SRI. SHIVAPPA - 3 - HC-KAR NC: 2026:KHC-D:821 WP No. 100355 of 2026 S/O. MAHADEVAPPA BAGOJI, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. 13. SRI. FAKIRAPPA S/O. MALLAPPA BAGOJI, SINCE DEAD BY HIS LEGAL HEIR, SRI. VITTAL S/O. FAKIRAPPA BAGOJI, AGE: 56 YEARS, OCC: AGRICULTURIST, R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. SRI. SHIVANAGOUDA S/O. MAHADEVAGOUDA PATIL, SINCE DEAD BY HIS LEGAL HEIR, 14. SMT. MALLAMMA W/O. SHIVANAGOUDA PATIL, AGE: 79 YEARS, OCC: HOUSEHOLD WORK, R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. 15. SRI. ANDANIGOUDA S/O. SHIVANAGOUDA PATIL, AGE: 50 YEARS, OCC: SERVICE, R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. 16. SMT. SHANTALA W/O. DEVENDRAPPA PATIL, AGE: 46 YEARS, OCC: SERVICE, R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. 17. SRI. NINGANAGOUDA S/O. SHIVANAGOUDA PATIL, AGE: 43 YEARS, OCC: AGRICULTURIST, - 4 - HC-KAR NC: 2026:KHC-D:821 WP No. 100355 of 2026 R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. 18. SRI. FAKIRAGOUDA S/O. TIRAKANAGOUDA PATIL, AGE: 58 YEARS, OCC: AGRICULTURIST, R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. 19. SMT. RENUKA W/O. FAKIRAGOUDA PATIL, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. 20. SRI. SHANKARAPPA S/O. HANUMANTAPPA TUMBAL, AGE: 68 YEARS, OCC: AGRICULTURIST, R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. 21. SRI. PARASAPPA S/O. NINGAPPA MUNIYAPPANAVAR, AGE: 63 YEARS, OCC: AGRICULTURIST, R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. 22. SRI. HANUMANT S/O. NINGAPPA MUNIYAPPANAVAR, AGE: 60 YEARS, OCC: AGRICULTURIST, R/O: SUREBAN-MANIHAL, TQ: RAMDURG, DIST: BELAGAVI – 591127. …PETITIONERS (BY SRI. S.N.BANAKAR, ADVOCATE) - 5 - HC-KAR NC: 2026:KHC-D:821 WP No. 100355 of 2026 AND: 1. THE GOVERNMENT OF KARNATAKA, DEPARTMENT OF REVENUE, REPRESENTED BY ITS PRINCIPAL SECRETARY, M.S.BUILDING, DR.B.R.AMBEDKAR ROAD, BENGALURU – 560001. 2. THE DIRECTOR, REVENUE CELL FOR CREATION OF REVENUE VILLAGES AND IN CHARGE DEPUTY SECRETARY FOR GOVERNMENT, REVENUE DEPARTMENT, M.S.BUILDING, DR. B.R.AMBEDKAR ROAD, BENGALURU – 560001. 3. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI – 590001. 4. THE ASSISTANT COMMISSIONER, BAILHONGAL SUB DIVISION, BAILHONGAL, DIST: BELAGAVI – 591102. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS, RAMDURG, DIST: BELAGAVI– 591123. 6. THE TAHSILDAR, RAMDURG TALUKA, RAMDURG, DIST: BELAGAVI – 591123. …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 A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED NOTIFICATION IN FORM NO.2-E, ISSUED BY THE RESPONDENT NO.3 THE DEPUTY COMMISSIONER, BELAGAVI UNDER SUB RULE (3) OF RULE 9-B OF KARNATAKA LAND REFORMS RULES, BEARING NO.KRA.KAM.GRA. 2025-26 DATED NIL 10/2025 VIDE ANNEXURE-A, SO FAR AS THE PETITIONERS ARE CONCERNED 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 - 6 - HC-KAR NC: 2026:KHC-D:821 WP No. 100355 of 2026 ORAL ORDER Learned Additional Government Advocate accepts notice for the respondents. 2. The petitioners have approached this Court seeking to quash the impugned notification dated 06.09.2025 (Annexure-A), 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.Nos.71/3, 72/1, 72/5, 74/3, 74/4, 77/4 and 77/9 totally measuring to an extent of 01 acres 32 guntas of Sureban-Manihal village, Ramdurg Taluk in Belagavi district has been declared as unrecorded habitation, along with consequential reliefs. 3. Heard the learned counsel appearing for the petitioners and learned Additional Government Advocate appearing for the respondents/State. 4. Learned counsel appearing for the petitioners submits that the impugned notification has been issued - 7 - HC-KAR NC: 2026:KHC-D:821 WP No. 100355 of 2026 without issuing any notice to the petitioners, 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 Additional Government Advocate seeks to justify the action of the Deputy Commissioner. 1 WP No.107338/2024 (23.01.2025) - 8 - HC-KAR NC: 2026:KHC-D:821 WP No. 100355 of 2026 6. Having considered the submission and on perusal of the material on record, it is not in dispute that the petitioners’ name is reflected in record of rights in respect of the subject land (Annexure-C, D, E, F, G, H & J). 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. - 9 - HC-KAR NC: 2026:KHC-D:821 WP No. 100355 of 2026 8. In the absence of compliance of the principles of natural justice, the impugned notification cannot be sustained in law. 9. For the foregoing reasons, this Court pass the following: ORDER i. The writ petition is allowed. ii. The impugned notification in Form No.2-E issued by respondent No.3-the Deputy Commissioner, Belagavi, under sub Rule (3) of Rule 9-B of the Karnataka Land Reforms Rules, (Annexure-A) insofar as it relates to Sy.Nos.71/3, 72/1, 72/5, 74/3, 74/4, 77/4 and 77/9 total extent of 01 acres 32 guntas of Sureban-Manihal village, Ramdurg Taluk in Belagavi 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 petitioners in the record of rights. - 10 - HC-KAR NC: 2026:KHC-D:821 WP No. 100355 of 2026 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 open to the authorities to initiate appropriate proceedings including acquisition strictly in accordance with law. Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 28