SMT INDRAMMA D/O VENKATREDDY v. THE STATE OF KARNATAKA
WP/100278/2026 · 2026-01-14
K S Hemalekha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 52429 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 52429 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC-D:431 WP No. 100278 of 2026
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 14TH DAY OF JANUARY 2026
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
WRIT PETITION NO.100278 OF 2026 (KLR-RR/SUR)
BETWEEN:
SMT. INDRAMMA D/O. VENKATREDDY AGE: 64 YEARS, OCC: AGRICULTURE/ HOUSEHOLD WORK, R/O. RANGAPUR VILLAGE, TQ: GANGAVATHI, DIST: KOPPAL-583227. …PETITIONER (BY SRI. H.M.DHARIGOND, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REP. BY SECRETARY, DEPARTMENT OF REVENUE, MS BUILDING BENGALURU-560001.
2.
THE DEPUTY COMMISSIONER KOPPAL DIST KOPPAL-583201.
3.
THE ASSISTANT COMMISSIONER KOPPAL SUB-DIVISION KOPPAL, DIST: KOPPAL-583201.
MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.23 16:03:57 +0530
- 2 -
HC-KAR NC: 2026:KHC-D:431 WP No. 100278 of 2026
4.
THE LAND REGULARIZATION COMMITTEE R/BY ITS CHAIRMAN, GANGAVATHI, TQ: GANGAVATHI, DIST: KOPPAL-583227.
5.
THE TAHASILDAR GANGAVATHI, TQ: GANGAVATHI, DIST: KOPPAL-583227.
6.
THE REVENUE INSPECTOR GANGAVATHI, TQ: GANGAVATHI, DIST: KOPPAL-583227. …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 TO QUASH THE IMPUGNED MUTATION ENTRY BEARING NO.SUM/KUM/RRT/183/2025-26 IN MR NO. H2 DATED 07- 01-2026 PASSED BY THE 5TH RESPONDENT VIDE ANNEXURE-K 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:431 WP No. 100278 of 2026
ORAL ORDER
Learned Additional Government Advocate accepts notice for respondents.
2. Heard learned counsel for the petitioner and learned Additional Government Advocate for respondents/ State.
3. The petitioner is seeking for the following prayer: A) A writ in the nature of certiorari to quash the impugned mutation Entry bearing No.SUM / KUM / RRT / 183 / 2025-26 in MR No.H2 dated 07.07.2026 passed by the 5th respondent vide Annexure-K. B) A writ in the nature of mandamus direct the 5th respondent to delete the name of the government from the record of rights and restore the name of petitioner in the record of rights and issue fresh record of rights in favour of the petitioner. C) Any other writ or direction from this Hon’ble Court deems fit under the
facts and circumstances of the case, in the interest of justice & equity.
- 4 -
HC-KAR NC: 2026:KHC-D:431 WP No. 100278 of 2026
4.
Learned counsel for the petitioner submits that, the impugned order passed by respondent No.5 for deleting the name of petitioner and mutating the name of the Government in the Record of Rights in respect of the land in question vide MR No.H2 on 07.01.2026 is without issuing any notice and without hearing the petitioner or passing any
order of cancellation.
5. The petitioner belongs to a weaker section of a society and landless lady, who was cultivating 1 acre 20 guntas in R.S.No.3 totally measuring 436 acres 29 guntas, which is Government land, situated at Rangapur village in Gangavati taluk of Koppal District.
6. The petitioner filed an application in From No.50 before the revenue authorities seeking regularization. The Land Regulation Committee (“Committee” for short) passed a resolution granting the said extent of land in favour of the petitioner on 21.08.1993. Pursuant thereto, a temporary Saguvali chit was issued. After due enquiry, respondent
- 5 -
HC-KAR NC: 2026:KHC-D:431 WP No. 100278 of 2026
No.5 issued a permanent Saguvali chit on 22.09.2008, and petitioner’s name came to be entered in the revenue records under MR No.H1/2024-2025. Subsequently, clerical error in the petitioner’s name was corrected thorough appropriate mutation entries.
7. While the petitioner’s name continue to stand in the record of rights, respondent No.5 by the impugned mutation dated 07.01.2026 deleted the petitioner’s name and entered the Government name without issuing any notice or passing an order of cancellation.
8.
Learned counsel for the petitioner contends that the impugned mutation entry is vitiated by gross violation of principles of natural justice, as no notice or opportunity of hearing was afforded to the petitioner. Despite for having valid permanent Saguvali chit.
9. Per contra, learned Additional Government Advocate appearing for the respondents-State submits that, the petition lacks merits and that the petitioner has an
- 6 -
HC-KAR NC: 2026:KHC-D:431 WP No. 100278 of 2026
efficacious alternative remedy provided under Section 136(2) of the Karnataka Land Revenue Act, 1964 (‘Act, 1964’ for short) and therefore, the writ is not maintainable.
10. On careful consideration of the submission and perusal of the material on record, it is evident that: i. The petitioner has been granted 1 acre 20 guntas of land by the competent land regularisation committee. ii. Permanent Saguvali chit has been issued in her favour. iii. Her name has been duly reflected in the revenue record prior to the impugned entry.
11. The impugned mutation entry dated 07.01.2026, whereby the name of the Government is inserted, has been effected without issuing notice to the petitioner and without following mandatory procedure prescribed under Section 128 to 131 of Act, 1964.
- 7 -
HC-KAR NC: 2026:KHC-D:431 WP No. 100278 of 2026
12.
Learned counsel for the petitioner places reliance on the decision of the Co-ordinate Bench of this Court in Dadesab S/o Buddesab Mulla Vs. The State of Karnataka and othersḥ1 (Dadesab). Wherein this Court on 17.02.2023, by placing reliance of the decisions of this Court in Sharanabasappa Vs. The State of Karnataka and others2 (Sharanabasappa) and in the case of Abdul Samad and another Vs. the State of Karnataka and others3 (Abdul Samad) has held that the mutation entry made without notice and without adherence of statutory procedure are illegal and violative of principle of natural justice.
13. The objections regarding availability of alternative remedy cannot be accepted in the present case, as the impugned action is ex facie in voilation of statutory provisions and principles of natural justice. In such circumstance, the existence of appellate remedy does not
1 W.P.No.101103 of 2023 (KLR-RR/SUR) 2 W.P.No.147421 of 2020 dated 12.10.2020 3 W.P.No.101122/2021 dated 26.03.2021.
- 8 -
HC-KAR NC: 2026:KHC-D:431 WP No. 100278 of 2026
bar the exercise the writ jurisdiction, and the impugned entry cannot be sustained in law and is liable to be set aside. Accordingly, this Court pass the following:
ORDER (i) The writ petition is allowed. (ii) The impugned mutation entry in MR.No.H2 dated 07.01.2026 passed by the 5th respondent (Annexure-K) in respect of 1 acre 20 guntas of Sy.No.3 situated at Rangapur Village, Gangavati taluk of Koppal district is hereby quashed. (iii) The respondents are directed to restore and the name of the petitioner in respect of the aforesaid property within a period of four weeks from the date of receipt of copy of this order. (iv) Liberty is reserved to the respondents- authorities to take steps in accordance with law.
Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 43