Shivappa S/O Kallappa Dyvannavar Vs the State of Karnataka

THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED NOTIFICATION ISSUED BY THE RESPONDENT NO.2 IN NO.RAMGRA/CR/11/2023-24 DATED 28-05-2024 AND VIDE ANNEXURE-B IN SO FAR AS PETITIONERS CONCERNED. II. ISSUE SUCH OTHER WRIT OR ORDER AND DIRECTIONS AS THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE AND ALLOW THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY.

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IN WP.NO.107932-2024: BETWEEN:

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SIDDAPPA S/O. FAKIRAPPA PUJAR, AGE: 56 YEARS, OCC. AGRICULTURE, R/O. AKKIVALLI, TALUKA: HANGAL, DIST. HAVERI-581104.

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RUDRAPPA S/O. KALLAPPA PUJAR, AGE: 50 YEARS, OCC. AGRICULTURE, R/O. AKKIVALLI, TALUKA: HANGAL, DIST. HAVERI-581104.

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BASAVRAJ S/O. TIPPANNA PUJAR, AGE: 46 YEARS, OCC. AGRICULTURE, R/O. AKKIVALLI, TALUKA: HANGAL, DIST. HAVERI-581104.

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…PETITIONERS

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(BY SRI. DINESH M KULKARNI, ADVOCATE)

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NC: 2025:KHC-D:11992 WP No. 100133 of 2025 C/W WP No. 107932 of 2024

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HC-KAR

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AND:

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THE STATE OF KARNATAKA DEPT. OF REVENUE DEPARTMENT, BY ITS SECRETARY, M.S. BUILDING, BENGALURU-01.

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THE DEPUTY COMMISSIONER HAVERI, DISTRICT: HAVERI-581102.

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THE ASSISTANT COMMISIONER SAVANUR, SUB DIVISION, SAVANUR, DISTRICT: HAVERI-581118.

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THE TASHILDAR HANGAL, TALUKA: HANGAL, DIST. HAVERI-581104.

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…RESPONDENTS

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(BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R4)

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THIS WP IS FILED UNDER ORDER 226 OF THE CONSTITUTION OF INDIA, PRAYING TO A) TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH NOTIFICATION VIDE BEARING NO. KAMGR/CR.11/2023-24, DATED. 28/05/2024 ANNEXURE-D, PASSED BY THE RESPONDENT NO.2 NULL AND VOID. B) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 1, 2 AND 4 TO CONSIDER THE REPRESENTATION DTD. 25/10/2024 VIDE ANNEXURE-G AND ETC.

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THESE PETITIONS, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:11992 WP No. 100133 of 2025 C/W WP No. 107932 of 2024

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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Learned AGA accepts notice for respondent Nos.1 to 4.

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The petitioners are before this Court seeking for the

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following reliefs:

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IN WP.NO.100133-2025:

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i. Issue a writ in the nature of certiorari by quashing the impugned Notification issued by the Respondent No.2 in No.RAMGRA/CR/11/2023-24 dated 28-052024 and vide Annexure-B in so far as petitioners concerned.

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ii. Issue such other writ or order and directions as this Hon’ble Court deems fit under the facts and circumstances of the case and allow this writ petition in the interest of justice and equity.

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IN WP.NO.107932-2024:

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a. To issue a writ in the nature of Certiorari to quash Notification vide bearing No. KAMGR/CR.11/2023-24, dated 28/05/2024 ANNEXURE-D, passed by the respondent no.2 null and void.

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b. Issue a writ in the nature of mandamus directing the Respondent No. 1, 2 and 4 to consider the representation dtd. 25/10/2024 vide Annexure-G.

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NC: 2025:KHC-D:11992 WP No. 100133 of 2025 C/W WP No. 107932 of 2024

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HC-KAR

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c. Issue any other writ or direction as this Hon’ble Court may deem fit in the interest of justice and equity.

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The grievance of the petitioners is that without issuance of notice, a notification under Section 38A of the Karnataka Land Revenue Act has been issued declaring the lands of the petitioners in Sy.Nos.28 and 41/1 of Akkivalli village as unrecorded habitation.

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The submission of learned counsel for the petitioners is that the petitioners being the owners of the said lands and being in occupation thereof, no notice has been issued to the petitioners nor a public notice issued so as to enable the petitioners to submit their objections.

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His further submission is that if the revenue records had been perused, the right, title and interest of the petitioners in the said survey numbers, would have been clear to the Deputy Commissioner. As such, he

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6 - NC: 2025:KHC-D:11992 WP No. 100133 of 2025 C/W WP No. 107932 of 2024

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HC-KAR

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submits that the notification issued is without any

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basis and is required to be quashed.

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In the event of any entries available in the revenue

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records, notices would necessarily have to be issued to the persons named in the said revenue records. In the event of no entries in revenue records being available, the notifications issued under Section 38A of the Karnataka Land Reforms Act, 1961, would have to record such a statement so that the same could be verified in the event of any challenge being made.

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Respondent No.1 is directed to issue necessary instructions to all the Deputy Commissioners coming under his jurisdiction in respect of the above observations.

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In view of the above, I pass the following:

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ORDER

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i) Writ petitions are allowed .

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NC: 2025:KHC-D:11992 WP No. 100133 of 2025 C/W WP No. 107932 of 2024

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HC-KAR

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ii) A Writ of certiorari is issued. The notification dated 28.05.2024 bearing No.KAMGRA/CR/11/2023-24 at Annexure-B insofar as petitioners land in Sy.Nos.28 and 41/1 are concerned is quashed.

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iii) In the event of the Deputy Commissioner coming to the conclusion that the said lands are required for any public purpose, the Deputy Commissioner would be at liberty to initiate such proceedings for acquisition in terms of the applicable law.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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SH CT:PA, List No.: 1 Sl No.: 150

Shivappa S/O Kallappa Dyvannavar v. the State of Karnataka

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Shivappa S/O Kallappa Dyvannavar v. the State of Karnataka

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