- 1 - HC-KAR NC: 2026:KHC-D:885 WP No. 107261 of 2025 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.107261 OF 2025 (LR) BETWEEN: 1. RAMAPPA S/O. LATE BASAPPA, AGE: 56 YEARS, OCC: AGRICULTURE, R/O. VADDINA DADAPURA, MADLIGERI, TQ: HARAPPANAHALLI, DIST: VIJAYANAGARA-583 131. 2. NAGAJJA S/O. LATE BASAPPA, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. VADDINA DADAPURA, MADLIGERI, TQ: HARAPPANAHALLI, DIST: VIJAYANAGARA-583 131. …PETITIONERS (BY SRI. S.S. YADRAMI, SENIOR ADVOCATE FOR SRI. CHINMAY G. BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, VIDHANA VEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, VIJAYANAGARA DISTRICT, HOSAPETE-583 201. 3. THE ASSISTANT COMMISSIONER, MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.28 10:36:09 +0530 - 2 - HC-KAR NC: 2026:KHC-D:885 WP No. 107261 of 2025 HOSAPETE REVENUE SUB-DIVISION, HOSAPETE, VIJAYANAGARA DISTRICT-583 231. 4. THE TEHSILDAR, HARAPPANAHALLI TALUK, HARAPANAHALLI-583 201. …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 OR DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED NOTIFICATION BEARING NO. SAN /KAM /BHUSU /KAMGRA /07 /2025-26 PUBLISHED IN THE GAZETTE DATED 12.06.2025 DECLARING AS UNRECORDED HABITATION BY THE 2ND RESPONDENT UNDER SEC.38A OF THE KARNATAKA LAND REFORMS ACT, 1961 IN RESPECT OF PETITIONERS OWNERSHIP, POSSESSION AND ENJOYMENT OF LAND SY.NO.210/4 OF VADDINA DADAPURA IN HARAPANAHALLI TALUK VIDE ANNEXURE-A AS ILLEGAL; ISSUE A WRIT OR DIRECTION OR APPROPRIATE ORDER IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NOS.2 TO 4 TO DELETE THE NAME OF THE GOVERNMENT FROM THE RECORD OF RIGHTS IF ENTERED AND RESTORE THE NAME OF THE PETITIONERS AND OTHER MEMBERS OF THE FAMILY; ISSUE A WRIT OR DIRECTION OR AN APPROPRIATE ORDER DIRECTING RESPONDENT NOS.1 TO 3 TO INITIATE ACQUISITION PROCEEDINGS AND AWARD JUST AND PROPER COMPENSATION AND THEN ISSUE DECLARATION 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:885 WP No. 107261 of 2025 ORAL ORDER Learned Additional Government Advocate accepts notice for respondents. 2. The petitioners have approached this Court seeking to quash the impugned notification dated 12.06.2025 (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.No.210/4 of Madligeri village (Vaddina Dadapura) in Harapanahalli Taluk 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. 4. Learned Senior Counsel appearing for the petitioners submits that the impugned notification has been issued without issuing any notice to the petitioners, whose names admittedly stands recorded in the revenue records in - 4 - HC-KAR NC: 2026:KHC-D:885 WP No. 107261 of 2025 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. 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 1 WP No.107338/2024 (23.01.2025) - 5 - HC-KAR NC: 2026:KHC-D:885 WP No. 107261 of 2025 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. 9. For the foregoing reasons, this Court pass the following: - 6 - HC-KAR NC: 2026:KHC-D:885 WP No. 107261 of 2025 ORDER i. The writ petition is allowed. ii. The impugned notification dated 12.06.2025 bearing No.SAN/KAM/BHUSU/KAMGRA/07/ 2025-26 (Annexure-A) insofar as it relates to Sy.No.210/4 of Madligeri village (Vaddina Dadapura) in Harapanahalli Taluk 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 open to the authorities to initiate appropriate - 7 - HC-KAR NC: 2026:KHC-D:885 WP No. 107261 of 2025 proceedings including acquisition strictly in accordance with law. Sd/- JUSTICE K.S.HEMALEKHA AM/- CT-MCK LIST NO.: 1 SL NO.: 4