- 1 - HC-KAR NC: 2026:KHC-D:2208 WP No. 108536 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.108536 OF 2025 (KLR-LG) BETWEEN: SRI. MUKUND S/O. BALAKRISHNARAO HEBBALLIKAR, AGE. 87 YEARS, OCC. NIL, R/O. MADHURAM, PLOT NO.11B/3, MORE LAYOUTS NEAR MUKAMBIKA NAGAR, OPP. KVG BANK, H.O DHARWAD-580008. …PETITIONER (BY SRI. DINESH M.KULKARNI, ADVOCATE) AND: 1. THE TAHASILDAR DHARWAD TALUK, DHARWAD-580001. 2. THE ASSISTANT COMMISSIONER DHARWAD DIVISION, DHARWAD-580001. 3. THE DEPUTY COMMISSIONER DHARWAD DIST. DHARWAD-580001. …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 ENDORSEMENT BEARING PÀæ.ªÀvÀ£À/ªÀ»/66/2022-23 DATED 01.02.2025 ISSUED BY RESPONDENT NO.1 VIDE ANNEXURE-K AS NULL AND VOID; ISSUE A DIRECTION TO THE RESPONDENTS TO GRANT REMAINING LANDS TO THE EXTENT OF 73 ACRES AND 07 GUNTAS TO THE PETITIONERS’ FAMILY IN COMPLIANCE TO THE ANNEXURE-A, ORDER DATED 27.11.1963 BEARING NO.WTN/BR.3523; AND ETC. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.20 11:35:27 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2208 WP No. 108536 of 2025 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 ORAL ORDER 1. The petitioner has called in question the endorsement dated 01.02.2025 issued by respondent No.1–Tahsildar, Dharwad (Annexure-K) and has sought a consequential direction to grant the remaining extent of land to which the petitioner’s family is stated to be legally entitled under the Sarajanam Resumption Rules framed pursuant to the Sarajanam Abolition Act, 1952 (for short ‘the Act’). 2. The petitioner claims that his family were erstwhile Sarajanam’s of Hebballi village. Upon abolition of the Sarajanams under the Act, the revenue lands vested in the Government. In order to mitigate hardship caused to the affected Sarajanam families, the Government framed the Sarajanam Resumption - 3 - HC-KAR NC: 2026:KHC-D:2208 WP No. 108536 of 2025 Rules, providing for identification of eligible families and grant of land for their livelihood. 3. Pursuant thereto, respondent No.1 – Tahsildar, Dharwad, after conducting a due enquiry in the year 1955, recommended the grant of 94 acres of land in favour of the petitioner’s family. It is stated by the petitioner that by order dated 27.11.1963, only 18 acres 33 guntas of land were granted. It is the case of the petitioner that despite repeated representations made by the petitioner's late brother and thereafter by the petitioner himself, the remaining extent was not granted. It is stated that respondent No.1 has issued the impugned endorsement dated 01.02.2025 rejecting the request on the sole ground that ‘no Government land is available for grant’. 4. Learned counsel appearing for the petitioner contends that the petitioner's family was identified - 4 - HC-KAR NC: 2026:KHC-D:2208 WP No. 108536 of 2025 as eligible and a recommendation of 94 acres of land was made as early as in the year 1955, which has attained finality. It is submitted that the grant of only 18 acres 33 guntas in the year 1963, does not exhaust the entitlement of the petitioner's family. It is contended that Annexure-L series- the Record of Rights extracts produced by the petitioner clearly demonstrate the availability of Government lands in Dharwad Taluk, which has not been considered at all and that the impugned endorsement is passed in a mechanical manner. 5. Learned Additional Government Advocate for the respondents-State justifies the impugned endorsement and submits that the order of respondent No.1-Tahsildar earlier was only a recommendation/proposal and does not create any vested right upon the petitioner to claim 94 acres of land in entirety and submits that already 18 acres - 5 - HC-KAR NC: 2026:KHC-D:2208 WP No. 108536 of 2025 33 guntas has been granted to the petitioners' family. 6. This Court has carefully considered the rival submissions and perused the material on record. 7. It is not in dispute that the petitioners' family was identified as eligible under the Saranjam resumption framework and that a recommendation/proposal for grant of 94 acres was made by the Tahsildar as early as in the year 1955. It is also not in dispute that the petitioner's family had been granted only 18 acres 33 guntas in the year 1963, leaving the balance extent unattended/un-granted. 8. A perusal of the impugned endorsement (Annexure-K) reveals that the sole reason assigned therein is that ‘no government land is available for grant’. However, the impugned endorsement does not disclose any survey wise verification or the - 6 - HC-KAR NC: 2026:KHC-D:2208 WP No. 108536 of 2025 consideration of the specific lands pointed out by the petitioners, and the reasons for rejecting the claim, demonstrates non-application of mind. 9. The Record of Right extracts (Annexure-L series) produced on the record, prima facie demonstrates availability of Government lands in Dharwad Taluk. The approach of the respondent No.1-Tahsildar in issuing the impugned endorsement, is factually unsustainable. In the circumstances, the impugned endorsement cannot be sustained and matter requires reconsideration by the competent authority. 10. Accordingly, this Court pass the following; ORDER i. The writ petition is allowed. - 7 - HC-KAR NC: 2026:KHC-D:2208 WP No. 108536 of 2025 ii. The impugned endorsement dated 01.02.2025 (Annexure-K) issued by respondent No.1-Tahsildar, Dharwad Taluk, is hereby quashed. iii. The matter is remitted back to respondent No.1- Tahsildar, Dharwad Taluk for fresh consideration of the petitioner's claim for grant of remaining extent of land, strictly in accordance with law. iv. Respondent No.1 shall consider the Record of Right extracts (Annexure-L series), and other relevant revenue records, afford an opportunity of hearing to the petitioner and pass a reasoned order within a period of six weeks’ from the date of receipt of certified copy of this order. Sd/- JUSTICE K.S.HEMALEKHA AM/- Ct:VH List No.: 1 Sl No.: 9