- 1 - HC-KAR NC: 2026:KHC-D:2153 WP No. 109943 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 109943 OF 2025 (KLR-LG) BETWEEN: SRI. JAYARAJ S/O. NARAYANAPPA SANGAPUR AGE: 44 YEARS, OCC: AGRICULTURE, R/O. WARD NO.1, SANGAPUR, TQ: GANGAVATHI, DIST: KOPPAL-583 228. …PETITIONER (BY SRI. V.S.KALASURMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF REVENUE, M.S.BUILDING, VIDHANA SOUDHA, BENGALURU-01. 2. THE DEPUTY COMMISSIONER, KOPPAL DISTRICT, KOPPAL-583 231. 3. THE TAHASILDAR, GANGAVATHI, DIST: KOPPAL-583 227. 4. THE REVENUE INSPECTOR VENKATAGIRI, TQ: GANGAVATHI, DIST: KOPPAL-583 235. …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 ENDORSEMENT ISSUED BY THE RESPONDENT NO.3/TAHASILDAR, GANGAVATHI BEARING NO.KANDAYA/BHUMI/FARM NO.57/2023-24/1011 DATED 01.10.2023 VIDE ANNEXURE-A; AND ETC. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.18 10:31:32 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2153 WP No. 109943 of 2025 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 ORAL ORDER The petitioner has called in question the endorsement dated 01.10.2023 issued by respondent No.3-Tahsildar, Gangavathi, whereby the petitioner's claim was rejected on the ground that the land in question is classified as ‘B- Kharab land’. Brief facts: 2. The petitioner claims occupancy rights in respect of the land bearing Survey No.39/9 measuring 1 acre 30 guntas situated at Basavanadurga, Gangavathi Taluk, Koppal District. The petitioner was granted occupancy rights, pursuant to an auction and was issued a saguvali chit dated 16.05.2005. Despite issuance of the saguvali chit, the petitioner's name was not entered in the revenue records. Subsequently, the petitioner filed Form No.57 seeking regularization under the provisions of Karnataka Land Revenue Act, 1964 (‘the Act, 1964’ for short). The - 3 - HC-KAR NC: 2026:KHC-D:2153 WP No. 109943 of 2025 Tahsildar rejected the claim vide endorsement dated 01.10.2023 holding that the land is ‘B-Kharab land’. 3. Learned counsel for the petitioner submits that while passing the impugned endorsement, the authority has not followed the procedure prescribed under the Act, 1964 and that the petitioner has been in possession pursuant to the saguvali chit issued in 2005. It is contended that classification as ‘B-Kharab’ after nearly two decades is unsustainable without due process. 4. This Court has carefully perused the material on record. 5. It is undisputed that the petitioner was issued a saguvali chit dated 16.05.2005 pursuant to which occupancy rights were granted in respect of Survey No.39/9 measuring 1 acre 30 guntas. The respondents do not dispute the issuance of saguvali chit. The impugned endorsement dated 01.10.2023 has been issued nearly two - 4 - HC-KAR NC: 2026:KHC-D:2153 WP No. 109943 of 2025 decades after the grant, holding that the land is classified as ‘B-Kharab’. 6. The prime contention of the respondents is that ‘B-kharab’ land is not eligible for regularization and therefore, the petitioner is not entitled to mutation or continuation of his claim. 7. While it is true that land falling under the ‘B- Kharab’ classification ordinarily cannot be granted or regularized unless it is reclassified in accordance with law, the question that arises is whether such classification can be invoked at this stage without following due statutory procedure. 8. The material on record discloses that the petitioner was granted occupancy rights in 2005 and has been in possession thereafter. If the land was indeed ‘B- Kharab’, the same ought to have been examined at the time of grant. The respondents have not produced any material - 5 - HC-KAR NC: 2026:KHC-D:2153 WP No. 109943 of 2025 to demonstrate that the classification was lawfully altered or that the grant was cancelled in accordance with law. 9. An endorsement cannot override a grant already made under the statutory authority. If the Tahsildar seeks to treat the land as ‘B-Kharab’, such determination must be strictly in accordance with the procedure contemplated under the Act, 1964 and the Rules framed thereunder, and not by way of an unilateral order. 10. Further, once a saguvali chit is issued and the grants subsists, the revenue authorities are duty-bound under Sections 127 and 128 of the Act, 1964 to reflect the lawful entry in the record of rights subject to verification of compliance with the conditions of grant. 11. The impugned endorsement does not disclose any independent enquiry, cancellation proceedings, or statutory determination. It is merely based on a report and a classification entry without affording proper adjudication. - 6 - HC-KAR NC: 2026:KHC-D:2153 WP No. 109943 of 2025 Hence, the impugned endorsement is unsustainable in law. Accordingly, this Court pass the following: ORDER i. The writ petition is allowed. ii. The impugned endorsement dated 01.10.2023 is hereby set aside. iii. Any classification to be made as ‘B-Kharab’ shall be undertaken strictly in accordance with law. iv. Respondent No.3-Tahsildar to enter the name of the petitioner in consonance with the saguvali chit, if otherwise all documents are in order, within four [4] weeks from the date of receipt of a copy of this order. Sd/- JUSTICE K.S.HEMALEKHA MBM CT:VH List No.: 1 Sl No.: 83