- 1 - HC-KAR NC: 2026:KHC-D:77 WP No. 77620 of 2013 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. 77620 OF 2013 (KLR-RR/SUR) BETWEEN: 1. IMTIYAZ S/O. MOHAMMADGOUS MOMIN AGE: 42 YEARS, OCC: PRIVATE SERVICE, R/O. GANDHI NAGAR, TQ: HUKKERI, DIST: BELGAUM-590001. 2. CHANDBI W/O. ISMAIL MOMIN AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O. GANDHI NAGAR, TQ: HUKKERI, DIST: BELGAUM-590001. …PETITIONERS (BY SRI. SOURABH R.MIRJE, ADVOCATE FOR SRI. SHIVARAJ S.BALLOLI, ADVOCATE) AND: 1. THE TECHNICAL ASSISTANT TO THE DEPUTY COMMISSIONER AND THE DESIGNATED DEPUTY DIRECTOR OF LAND RECORDS BELGAUM, DIST: BELGAUM-590001. 2. THE TAHASILDAR, HUKKERI, TQ: HUKKERI, DIST: BELGAUM-590001. 3. THE CITY SURVEYOR TAHASILDAR OFFICE, HUKKERI, DIST: BELGAUM-590001. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.04.2012 PASSED IN NO.KA.NI/VAHI-196/11-12 BY RESPONDENT NO.1 VIDE ANNEXURE-C AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.08 11:13:31 +0530 - 2 - HC-KAR NC: 2026:KHC-D:77 WP No. 77620 of 2013 ORAL ORDER The petitioners have called in question the order dated 25.04.2012 passed in Ka.Ni/Vahi-196/11-12 by the respondent No.1/Technical Assistant to the Deputy Commissioner vide Annexure-C, whereby the names of the petitioners came to be deleted from the revenue records, without notifying the petitioners and without affording an opportunity of hearing. 2. Heard the learned counsel for the petitioners and the Additional Government Advocate for respondents/State. 3. Learned counsel for the petitioners submits that the petitioners purchased CTS No.353/14 under a registered sale deed 15.11.2006, pursuant to which, their names were duly entered in the revenue records. It is contended that by the impugned order, respondent No.1 has cancelled the said mutation entries and directed respondent No.2 to reserve the property in question for garden and civic abilities, without issuing any notice to the petitioners, thereby violating the principles of natural justice. - 3 - HC-KAR NC: 2026:KHC-D:77 WP No. 77620 of 2013 4. On perusal of the impugned order at Annexure-C, it is evident that no notice whatsoever was issued to the petitioners while deleting their names from the revenue records. The respondents/State have also failed to place any material on record to demonstrate that the petitioners were put on notice or were heard prior to passing of the impugned order. 5. Having regard to the above facts and circumstances and in view of manifest violation of the principles of natural justice, this Court is of the considered opinion that the impugned order cannot be sustained. Accordingly, this Court pass the following; ORDER i) The Writ petition is allowed in part. ii) The impugned order dated 25.04.2012 passed by respondent No.1 [Annexure-C] is hereby set aside. - 4 - HC-KAR NC: 2026:KHC-D:77 WP No. 77620 of 2013 iii) The matter is remitted back to the respondent No.1 for fresh consideration in accordance with law. iv) The petitioners shall appear before the respondent No.1 on 20.01.2026 without waiting for further notice. v) Respondent No.1 shall pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing within a period of eight [8] weeks from the date of appearance. Sd/- JUSTICE K.S.HEMALEKHA PJ/ Ct:VH List No.: 1 Sl No.: 50