Bhagavant Alagur Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Bhagavant Alagur Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed; certiorari issued quashing the Tahasildar's order dated 04.05.2022 insofar as the petitioner is concerned; copy of notice furnished and petitioner permitted to reply by 07.03.2025, with the Tahasildar to pass fresh orders in accordance with law; general directions issued to State authorities with ISRO assistance for real-time satellite-based monitoring of river banks/sand bars, compliance report within 6 weeks; matter relisted on 03.04.2025 for compliance.

Issue for consideration

Whether the order dated 04.05.2022 passed by respondent No.4-Tahasildar creating a charge on the petitioner's property for alleged unauthorised storage of 2904 metric tons of sand is sustainable when service of notice on the petitioner cannot be presumed for want of any acknowledgement.

Court's answer

Where there is no acknowledgement of service, service of notice cannot be presumed.

Ratio / Principle

A writ of certiorari is issued and the impugned order dated 04.05.2022 passed by respondent No.4-Tahashildar in bearing No. £ÀA.JA.J£ï.J¯ï/¹Dgï-01/2022-2023 at Annexure-A, insofar as the petitioner is concerned, is quashed.

Key takeaways

Consequential directions: copy of the notice along with documents handed over to petitioner's counsel; petitioner granted a week's time to reply to the Tahasildar with supporting documentation, reply to be filed on or before 07.03.2025; Tahasildar to consider the reply and pass necessary orders in accordance with law.ratio¶¶36
General directions (beyond the lis): the Principal Secretary, Revenue Department, Director of Mines and Minerals, Principal Chief Conservator of Forests and Principal Secretary, e-Governance Department, with assistance of ISRO, directed to implement a system giving real-time feedback on changes to river banks and sand bars in Karnataka; compliance report within 6 weeks; matter relisted on 03.04.2025 to report compliance.obiter¶¶47

Detailed headnote1 paragraphs

Writ Petition under Articles 226 and 227 of the Constitution of India, 1950 — certiorari against order dated 04.05.2022 of the Tahasildar, Jamakhandi creating a charge on the petitioner's property (Survey No.118/1, Takkalaki village, Jamakhandi Taluka) on the ground that 2904 metric tons of sand, allegedly mined from the bed of the Krishna River without permission, was stored thereon — notice stated to have been served but no acknowledgement of service available — held, where there is no acknowledgement, service of notice cannot be presumed — impugned order quashed insofar as the petitioner is concerned — copy of notice handed over; petitioner granted time till 07.03.2025 to reply with supporting documentation; Tahasildar to consider the reply and pass orders in accordance with law — general directions: Principal Secretary (Revenue), Director of Mines and Minerals, Principal Chief Conservator of Forests and Principal Secretary (e-Governance), with ISRO assistance, to implement a real-time satellite imagery-based system to identify and notify changes to river banks and sand bars in Karnataka, given that unauthorised river/sand mining dries up rivers and affects drinking water supply — compliance report within 6 weeks; matter relisted on 03.04.2025 to report compliance (Suraj Govindaraj, J.).

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NC: 2025:KHC-D:3770 WP No. 100263 of 2025

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 100263 OF 2025 (KLR-RES)

BETWEEN:

BHAGAVANT ALAGUR S/O. SATYAPPA AGE. ABOUT 65 YEARS, OCC. AGRICULTURE, R/O. TAKKALKI, TQ. JAMAKHANDI, DIST. BAGALKOT, PIN CODE-587330. (SENIOR CITIZEN BENEFIT CLAIMED)

…PETITIONER

(BY SRI SACHIN C. ANGADI, ADVOCATE)

AND:

THE STATE OF KARNATAKA R/BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.

ASHPAK KASHIMSA MALAGALADINNI

Digitally signed byASHPAK KASHIMSA MALAGALADINNI Location: High Court ofKarnataka, DharwadBench Date: 2025.02.28 12:41:23 +0530

THE DISTRICT COMMISSIONER, BAGALKOT, NAVANAGAR, BAGALKOT, PIN CODE-587103.

THE ASSISTANT COMMISSIONER, JAMAKHANDI, PIN CODE-587301.

THE TAHASHEELDAR, JAMAKHANDI, MINI VIDHAN SOUDA, JAMAKHANDI-587301.

…RESPONDENTS

(BY SRI V.S.KALASURMATH, AGA FOR R1 TO R4)

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NC: 2025:KHC-D:3770 WP No. 100263 of 2025

THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.4 I.E., TAHASHILDAR ORDER DATED 04/05/2022 IN BEARING NO. £ÀA.JA.J£ï.J¯ï/¹Dgï IN SO FAR THE PETITIONER CONCERNED WHICH IS PRODUCED AT ANNEXUREA, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

ORAL ORDER

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

The petitioner is before this Court seeking for the following reliefs:

1.1. Issue a writ in the nature of certiorari to quash the impugned order passed by the respondent no.4 i.e., Tahashildar order dated 04/05/2022 in bearing No. £ÀA.JA.J£ï.J¯ï/¹Dgï in so far the petitioner concerned which is produced at Annexure-A, in the interest of justice and equity.

1.2. Pass such other order or orders as this Hon’ble Court deems fit and necessary under the facts and circumstances of the case.

The petitioner is aggrieved by the order dated 04.05.2022 passed by 4^th respondent-Tahasildar creating a charge on the property of the petitioner on the ground that 2904 metric tons of sand was stored

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in Survey No.118/1 of Takkalaki village, Jamakhandi Taluka without any permission.

It is alleged that the said sand has been mined from the riverbed of the ‘Krishna River’ and the petitioner is indulging in business of selling the said mined river sand and on that basis, it is contended that a notice having been issued to the petitioner, no satisfactory reply has been received, the aforesaid action has been taken by the Tahasildar.

On enquiry with learned AGA, if there is any issuance or acceptance of service of notice, he fairly submits that the notice being served, there is no acknowledgement as such.

When there is no acknowledgement, it cannot be presumed that there is a service of notice. In that view of the matter, copy of the notice along with documents has been today handed over to learned counsel for the petitioner, who seeks for and is

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granted a week’s time to reply to the Tahasildar with necessary supporting documentation. The reply, if any to be filed on or before 07.03.2025. The Tahasildar shall consider the said reply and pass necessary orders in accordance with law.

6. General Directions

6.1. The reason why the above petition has arisen is on account of improper surveillance and implementation system insofar as river mining / sand mining are concerned.

6.2. It is high time that the available technology is harnessed to address these kind of issues and the State of Karnataka implements a satellite based imagery system through the Department of Mines and Minerals and or such other departments like the Revenue Department, Forest Department etc., So that the boundaries of the rivers, Sand Bars and such other details

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are identified and marked on satellite maps and any change which occurs thereto, is notified to the concerned authorities to take necessary action. If such a system had been implemented it would have enabled the respondents to ascertain as to from where the sand had been mined and when it came to the property of the petitioner. So that preventive steps in real time could have been taken.

6.3. This being all the more essential since unauthorised and indiscriminate river

mining/sand mining has resulted in drying up of the rivers and in some cases causing the death of rivers. Thus, adversely affecting the drinking water supply of all human beings, which could result in severe consequences in the future.

6.4. Hence, the Principal Secretary, Revenue

Department along with the Director of Mines and Minerals, the Principal Chief Conservator of

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Forests, the Principal Secretary, e-Governance Department with necessary assistance from the Indian Space Research Organization (ISRO) are directed to take into consideration the above and implement a system which could give a real time feedback on any changes, which occurs to river banks and or sand bars in the State of Karnataka.

6.5. A report to be filed in this regard within 6 weeks from today.

In that view of the matter I pass the following :

ORDER

i. Writ Petition is allowed.

ii. A writ of certiorari is issued. The impugned order dated 04.05.2022 passed by the respondent no.4 i.e., the Tahashildar in bearing No. £ÀA.JA.J£ï.J¯ï/¹Dgï-01/2022-2023 at Annexure-A insofar as the petitioner is concerned is quashed.

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iii. Copy of the notice along with documents having been today handed over to learned counsel for the petitioner, a week’s time is granted to the petitioner to reply to the Tahasildar with necessary supporting documentation. The reply, if any to be filed on or before 07.03.2025.

iv. The Tahasildar shall consider the said reply and pass necessary orders in accordance with law.

v. Though the above matter is disposed, Relist on 03.04.2025 to report compliance with the general directions.

Sd/(SURAJ GOVINDARAJ) JUDGE

List No.: 1 Sl No.: 138

CKK CT:GSM