- 1 - HC-KAR NC: 2026:KHC-D:667 WP No. 107472 of 2025 C/W WP No. 109184 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 107472 OF 2025 (LR) C/W. WRIT PETITION NO. 109184 OF 2025 IN WP No. 107472/2025: BETWEEN: SHRI. TIMMAJI @ TIMMANAGOUD W/O. PANDURANG @ PANDAPPAGOUDA PATIL, AGE: 72 YEARS, OCC: AGRICULTURE, R/O. KULAGOD-591310, TQ: MUDALAGI, DIST: BELAGAVI. …PETITIONER (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER BELAGAVI DISTRICT, BELAGAVI-590001. 3. THE ASSISTANT COMMISSIONER BAILHONGAL SUB-DIVISION, BAILHONGAL-591102, TQ: BAILHONGAL, DIST: BELAGAVI. 4. THE TAHASILDAR GOKAK TALUKA, GOKAK-591218, TQ: GOKAK, DIST: BELAGAVI. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.04 10:30:24 +0530 - 2 - HC-KAR NC: 2026:KHC-D:667 WP No. 107472 of 2025 C/W WP No. 109184 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE IMPUGNED NOTIFICATION/COMMUNICATION IN FORM NO.2E DATED 03.09.2025 ISSUED BY THE 2ND RESPONDENT AS PER ANNEXURE-A; TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO DROP THE PETITIONER PROPERTY BEARING R.S./SY.NO.317/1 MEASURING 05 ACRES 25 GUNTAS SITUATED AT SHINDHIKURBET VILLAGE OF GOKAK, TALUKA, DIST. BELAGAVI OF THE PETITIONER FROM THE IMPUGNED NOTIFICATION, IN SO FAR AS PETITIONER CONCERNED AND ETC. IN WP NO. 109184/2025: BETWEEN: 1. SMT. HULIGEMMA W/O. HANUMANTAPPA AGE: 69 YEARS, OCC: AGRICULTURE, R/O. POTHALAKATTI, THIMMALAPUR-583222, TQ: HOSAPETE, DIST: VIJAYANAGAR. 2. SMT. UMADEVI M W/O. GOVINDAPPA M AGE: 47 YEARS, OCC: AGRICULTURE, R/O. POTHALAKATTE, CHILAKANAHATTI-583222, TQ: HOSAPETE, DIST: VIJAYANAGAR. 3. SMT. NEELAMMA W/O. PAMPAPATHI AGE: 56 YEARS, OCC: AGRICULTURE, R/O. BEHIND GHP SCHOOL, POTHAHALKATTE, THIMMALAPUR-583222, TQ: HOSAPETE, DIST: VIJAYANAGAR. 4. DEVARAJ P.H S/O. PAMPAPATHI P H AGE: 40 YEARS, OCC: AGRICULTURE, R/O. 29 ABIRUDDHI, 1ST FLOOR, 6TH MAIN, 5TH CROSS, ATTUR MAIN ROAD, MUNESHWAR LAYOUT, YELAHANKA NEW TOWN, BENGALURU-560064. - 3 - HC-KAR NC: 2026:KHC-D:667 WP No. 107472 of 2025 C/W WP No. 109184 of 2025 5. P.H.SHIVARAJA S/O. PAMPAPATHI P.H., AGE: 38 YEARS, OCC: AGRICULTURE, R/O. BEHIND GHP SCHOOL, POTHAHALKATTE, THIMMALAPUR-583222, TQ: HOSAPETE, DIST: VIJAYANAGAR. 6. P.H.SHREEKANTH S/O. PAMPAPATHI P.H., AGE: 34 YEARS, OCC: AGRICULTURE, R/O. BEHIND GHP SCHOOL, POTHALAKATTE, THIMMALAPUR-583222, TQ: HOSAPETE, DIST: VIJAYANAGAR. 7. P.H.MARUTHI S/O. PAMPAPATHI P.H., AGE: 36 YEARS, OCC: AGRICULTURE, R/O. POTHALAKATTE, THIMMALAPUR 583222, TQ: HOSAPETE, DIST: VIJAYANAGAR. 8. M.LAKSHMAVVA W/O. ERAPPA AGE: 69 YEARS, OCC: AGRICULTURE, R/O. POTHALAKATTE, THIMMALAPUR-583222, TQ: HOSAPETE, DIST: VIJAYANAGAR. 9. M. SWAMY S/O. ERAPPA AGE: 38 YEARS, OCC: AGRICULTURE, R/O. POTHALAKATTE, THIMMALAPUR-583222, TQ: HOSAPETE, DIST: VIJAYANAGAR. 10. TAYAPPA S/O. RAMAPPA AGE: 36 YEARS, OCC: AGRICULTURE, R/O. POTHALAKATTE, THIMMALAPUR-583222, TQ: HOSAPETE, DIST: VIJAYANAGAR. ...PETITIONERS (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) - 4 - HC-KAR NC: 2026:KHC-D:667 WP No. 107472 of 2025 C/W WP No. 109184 of 2025 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560001. 2. THE DEPUTY COMMISSIONER VIJAYANAGAR DISTRICT, HOSAPETE-583201, TQ: HOSAPETE, DIST: VIJAYANAGAR. 3. THE ASSISTANT COMMISSIONER HOSAPETE SUB-DIVISION, HOSAPETE-583201, TQ: HOSAPETE, DIST: VIJAYANAGAR. 4. THE TAHASILDAR HOSAPETE TALUKA, HOSAPETE-583201, TQ: HOSAPETE, DIST: VIJAYANAGAR. ....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 ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE IMPUGNED NOTIFICATION UNDATED _.10.2025 (PUBLISHED IN KARNATAKA GAZETTE NOTIFICATION DATED 03.11.2025) FORM NO. 2-E BEARING NO. ¸ÀA.PÀA/¨sÀƸÀÄ/PÀAUÁæ/34/2023-24 DECLARING THE LANDS BELONGING TO THE PETITIONERS AS UNRECORDED HABITATION AND ETC. THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.HEMALEKHA - 5 - HC-KAR NC: 2026:KHC-D:667 WP No. 107472 of 2025 C/W WP No. 109184 of 2025 ORAL ORDER 1. Since both the writ petitions arise out of similar facts and involve common questions regarding the exercise of power under Section 38A of the Karnataka Land Reforms Act, 1961 (‘the KLR Act’, for short), they are taken up together for final disposal by this common order. 2. In WP No.107472 of 2025, the petitioner has called in question the notification/communication dated 03.09.2025 issued by respondent No.2, declaring the petitioner’s land as ‘unrecorded habitation’, under Section 38A of the KLR Act, notwithstanding the fact that the land in question is a granted land, the grant having attained finality long ago. 3. WP No.109184 of 2025 is filed calling in question the impugned order/notification in Form No.2-E, undated but published in the Karnataka Gazette notification dated 03.11.2025, issued by respondent No.2, - 6 - HC-KAR NC: 2026:KHC-D:667 WP No. 107472 of 2025 C/W WP No. 109184 of 2025 whereby the petitioners’ lands are declared as ‘unrecorded habitation’ under Section 38A of the KLR Act. 4. Brief facts in WP No.107472 of 2025: 4.1. The petitioner claims to be the absolute owner in possession and enjoyment of the land bearing R.S.No.317/1 measuring 17 acres 9 guntas, situated at Shindikurbet Village, Gokak Taluk, Belagavi District. 4.2. The land is a granted land, granted in favour of the petitioner by the competent Land Tribunal after due enquiry under the KLR Act. 4.3. Pursuant to the grant, occupancy rights were confirmed, Form No.10 was issued, and the occupancy price was paid. The grant was subjected to challenge before this Court, the Division Bench, and thereafter before the Apex Court. All the proceedings stood concluded and the grant has attained finality. - 7 - HC-KAR NC: 2026:KHC-D:667 WP No. 107472 of 2025 C/W WP No. 109184 of 2025 4.4. While so, the second respondent, without issuing notice or affording an opportunity of hearing, issued the impugned notification dated 03.09.2025 declaring the granted land of the petitioner as ‘unrecorded habitation’ under Section 38A of the Act. 5. Brief facts in WP No. 109184 of 2025: 5.1. The petitioners are owners of land bearing Survey No.116/A1 measuring 3 acres 58 guntas, situated at Thimlapur Village, Hosapete Taluk, Vijayanagara District. 5.2. Their ownership flows from inheritance and a compromise decree, supported by the resettlement register and record of rights. 5.3. The lands are private - ancestral lands. Earlier, respondent No.2 issued a notification dated 18.10.2023 under Section 38A of the KLR Act declaring the petitioners’ land as ‘unrecorded habitation’. - 8 - HC-KAR NC: 2026:KHC-D:667 WP No. 107472 of 2025 C/W WP No. 109184 of 2025 5.4. The said notification was challenged in W.P.No.100279 of 2025 and this Court, by order dated 21.01.2025, quashed the notification dated 18.10.2023, while reserving liberty to initiate fresh action strictly in accordance with law. 5.5. Despite the said order and without initiating any fresh proceedings or issuing notice to the petitioners, respondent No.2 has now issued the impugned notification published on 03.11.2025. 6. This Court has carefully considered the contentions and perused the material on record. 7. The point that arises for consideration is: “Whether the impugned notifications issued by the second respondent declaring the petitioners’ lands as ‘unrecorded habitation’ under Section 38A of the KLR Act, are sustainable in law?” - 9 - HC-KAR NC: 2026:KHC-D:667 WP No. 107472 of 2025 C/W WP No. 109184 of 2025 8. Reasoning in WP No.107472 of 2025: 8.1. The material on record unmistakably establishes that the land in question is a granted land. Once occupancy rights are granted by the Land Tribunal after due enquiry and such grant has attained finality, the character of the land stands crystallised. 8.2. Section 38A of the KLR Act is intended to deal with ‘unrecorded habitation’ and cannot be invoked in respect of granted lands where rights have already been determined under the very same statute. Respondent No.2, therefore, lacked jurisdiction to invoke Section 38A of the KLR Act in respect of the petitioner’s land. 8.3. The impugned notification dated 03.09.2025 is not only contrary to the statutory scheme but is also issued without notice and hearing, in violation of the principles of natural justice. On - 10 - HC-KAR NC: 2026:KHC-D:667 WP No. 107472 of 2025 C/W WP No. 109184 of 2025 that ground as well, the impugned notification is liable to be quashed. 9. Reasoning in WP No.109184 of 2025 9.1. Insofar as WP No.109184 of 2025 is concerned, this Court finds that the earlier notification dated 18.10.2023 declaring the petitioners’ land as ‘unrecorded habitation’ has already been quashed by this Court. 9.2. Once the said notification was set aside, it ceased to exist in the eye of law. The liberty reserved by this Court was only to initiate fresh proceedings in accordance with law after issuing notice and conducting an enquiry. 9.3. The impugned notification published on 03.11.2025 is not preceded by any such fresh exercise. On the contrary, it is a mechanical continuation of the earlier quashed notification, issued without considering the binding order passed by this Court. Such an action is wholly - 11 - HC-KAR NC: 2026:KHC-D:667 WP No. 107472 of 2025 C/W WP No. 109184 of 2025 impermissible and respondent No.2 could not have acted upon or resurrected a notification which had already been nullified. 9.4. The impugned notification, therefore, suffers from patent illegality, lack of jurisdiction, and non-application of mind, warranting interference by this Court. 10. Accordingly, the point framed for consideration is answered in favour of the petitioners, and for the reasons recorded hereinabove, this Court pass the following order: ORDER i. Writ Petition No.107472 of 2025 is allowed. The impugned notification/communication dated 03.09.2025 issued by respondent No.2 declaring the petitioner’s land as ‘unrecorded habitation’ is hereby quashed. - 12 - HC-KAR NC: 2026:KHC-D:667 WP No. 107472 of 2025 C/W WP No. 109184 of 2025 ii. Writ Petition No.109184 of 2025 is also allowed. The impugned notification in Form No.2-E, undated but published in the Gazette notification dated 03.11.2025, issued by respondent No.2 is hereby quashed. Liberty, if any available, is reserved to the respondents to proceed strictly in accordance with law, after issuing notice to the petitioners, conducting necessary enquiry, and upon due application of mind, if such action is otherwise permissible. iii. All consequential proceedings, if any, pursuant to the impugned notifications stand quashed. Sd/- JUSTICE K.S.HEMALEKHA gab Ct:VH List No.: 1 Sl No.: 12