Ramchandra Lakkappa Gennur S/O Lakkappa Vs the… — Writ and Judicial Review | Karnataka HC (2025)

Ramchandra Lakkappa Gennur S/O Lakkappa Vs the… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ of certiorari issued; impugned order dated 04.05.2022 passed by respondent No.4-Tahasildar bearing No.JA.J£ï.J¯ï/¹Dgï-01/2022-2023 quashed; charge created on the petitioners' properties withdrawn; respondent No.4 at liberty to issue notice, follow due procedure, conduct inquiry and pass suitable orders afresh.

Issue for consideration

Whether the impugned order dated 04.05.2022 passed by respondent No.4-Tahasildar creating charge on the petitioners' properties and entering boja in Column No.11 of the Record of Rights, allegedly without notice, panchanama, seizure proceedings or inquiry and in violation of principles of natural justice, is sustainable and liable to be quashed.

Court's answer

Since the learned AGA for the respondent-State does not dispute the co-ordinate Bench order passed on a similar impugned order, the petitioners are entitled to a similar order.

Ratio / Principle

The petition is allowed and a writ of certiorari is issued; the impugned order dated 04.05.2022 passed by respondent No.4-Tahasildar bearing No.JA.J£ï.J¯ï/¹Dgï-01/2022-2023 is quashed.

Key takeaways

Respondent No.4 is at liberty to issue notice, follow principles of law and due procedure contemplated, conduct an inquiry and pass suitable orders afresh.ratio¶64
In view of quashing of the impugned order at Annexure-A, the charge created on the petitioners' properties is withdrawn.ratio¶64

Detailed headnote1 paragraphs

Writ of certiorari – Order dated 04.05.2022 of Tahasildar, Jamakhandi (No.JA.J£ï.J¯ï/¹Dgï-01/2022-2023) creating charge on petitioners' agricultural lands and entering boja in Column No.11 of the Record of Rights, on the allegation that the petitioners stored soil illegally brought from the banks of the Krishna river for conducting brick business – Order challenged as passed without notice, without panchanama or seizure proceedings and without any inquiry, in violation of principles of natural justice – Co-ordinate Bench in Writ Petition No.100263/2025 had quashed an identical order against other land owners, and the learned AGA did not dispute that order – Held: impugned order quashed and the charge on the petitioners' properties withdrawn; respondent No.4-Tahasildar at liberty to issue notice, follow principles of law and due procedure, conduct an inquiry and pass suitable orders afresh. Petition allowed. (Paras 5–8)

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6^TH DAY OF JUNE 2025

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

WRIT PETITION NO. 102525 OF 2025 (KLR-RES)

BETWEEN:

RAMCHANDRA LAKKAPPA GENNUR, S/O. LAKKAPPA, AGE: ABOUT 78 YEARS, OCC: AGRICULTURE, R/O. HOUSE NO.90E/81, ASHRAM ROAD, GUMAST COLONY, BIJAPUR-586103, SL.NO.20 IN ANNEXURE-A, TAKKALAKI VILLAGE LIST.

MALLAPPA GALAGALI S/O. LAXMAN, AGE: ABOUT 49 YEARS, OCC: AGRICULTURE, R/O. NAGANUR, TQ: JAMAKHANDI, DIST: BAGALKOT-587301. SL. NO.26 IN ANNEXURE-A, NAGANOORA VILLAGE LIST.

CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

KRISHTAPPA JAKANUR S/O. JINNAPPA JAKANUR, AGE: ABOUT 49 YEARS, OCC: AGRICULTURE, R/O. NAGANUR, TQ: JAMKHANDI, DIST: BAGALKOT-587301, SL. NO.28 IN ANNEXURE-A, NAGANOORA VILLAGE LIST.

SURESH DANAGOUD S/O. BASAPPA, AGE: ABOUT 45 YEARS, OCC: AGRICULTURE, R/O. WARD NO.1, CHIKKAPADASALAGI, TQ: JAMAKHANDI, DIST: BAGALKOT-587301, SL. NO.31 IN ANNEXURE-A, CHIKKAPADASALAGI VILLAGE LIST.

RAMAPPA DHAREPPANAVAR S/O. ANNAPPA, AGE: ABOUT 53 YEARS, OCC: AGRICULTURE,

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R/O. WARD NO.3, CHIKKAPADASALAGI,

TQ: JAMAKHANDI, DIST: BAGALKOT-587301, SL. NO.32 IN ANNEXURE-A, CHIKKAPADASALAGI VILLAGE LIST.

SUSALAVVA DANAGOUD @ GANIGERA, W/O. MALLAPPA, AGE: ABOUT 66 YEARS, OCC: AGRICULTURE, R/O. WARD NO.1, CHIKKAPADASALAGI, TQ: JAMAKHANDI, DIST: BAGALKOT-587301. SL. NO.33 IN ANNEXURE-A, CHIKKAPADASALAGI VILLAGE LIST.

MAHESH BIRADAR S/O. MALLAPPA, AGE: ABOUT 38 YEARS, OCC: AGRICULTURE, R/O. WARD NO.3, NEAR JAIN BASTI, CHIKKAPADASALAGI, TQ: JAMAKHANDI, DIST: BAGALKOT-587301, SL. NO.38 IN ANNEXURE-A, CHIKKAPADASALAGI VILLAGE LIST.

SHANKREPPA NYAMAGOUD @ MUDHOLA, W/O. MALLAPPA, AGE: ABOUT 57 YEARS, OCC: AGRICULTURE, R/O. WARD NO.4, CHIKKAPADASALAGI, TQ: JAMAKHANDI, DIST: BAGALKOT-587301, SL. NO.40 IN ANNEXURE-A, CHIKKAPADASALAGI VILLAGE LIST.

SADASHIV DANAGOUD S/O. DAKAPPA, AGE: ABOUT 46 YEARS, OCC: AGRICULTURE, R/O. CHIKKAPADASALAGI, TQ: JAMAKHANDI, DIST: BAGALKOT-587301, SL. NO.41 AND 42 IN ANNEXURE-A, CHIKKAPADASALAGI VILLAGE LIST.

BASAVARAJ NYAMAGOUD S/O. HANAMANT, AGE: ABOUT 32 YEARS, OCC: AGRICULTURE, R/O. WARD NO.3, CHIKKAPADASALAGI, TQ: JAMAKHANDI, DIST: BAGALKOT-587301, SL. NO.44 IN ANNEXURE-A, CHIKKAPADASALAGI VILLAGE LIST.

JINNAPPA NARSAGOND S/O. SATAPPA, AGE: ABOUT 59 YEARS, OCC: AGRICULTURE,

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R/O. ALAGUR, TQ: JAMAKHANDI, DIST: BAGALKOT-587301, SL. NO.1 AND 2 IN ANNEXURE-A, ALAGOORA VILLAGE LIST, NAME AS PER ANNEXURE-A, CHENNAPPA SHANTAPPA NARASAGONDA WHICH IS WRONG

CHANDRAVVA UPADYA W/O. ANNAPPA, AGE: ABOUT 71 YEARS, OCC: AGRICULTURE, R/O. ALAGUR, TQ: JAMAKHANDI, DIST: BAGALKOT-587301, SL. NO.6 IN ANNEXURE-A, ALAGOOR VILLAGE LIST.

…PETITIONERS

(BY SRI. SACHIN C. ANGADI, ADVOCATE)

AND:

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

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

THE ASSISTANT COMMISSIONER, JAMAKHANDI, JAMAKHANDI-587301.

THE TAHASHEELDAR, JAMAKHANDI, MINI VIDHANSOUDHA, JAMAKHANDI-587301.

…RESPONDENTS

(BY SRI. SHARAD V. MAGADUM, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 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, TAHASHILDAR ORDER DATED 04/05/2022 IN BEARING NO.JA.J£ï.J¯ï/¹Dgï-01/2022-2023, WHICH IS PRODUCED AT ANNEXURE-A, IN SO FOR THE PETITIONERS IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

Heard learned counsel Sri. Sachin C. Angadi for

the petitioners and the learned AGA Sri. Sharad V. Magadum for the respondents.

With the consent of learned counsel on both

sides, the matter is taken up for final disposal.

The petitioners have filed this petition seeking a writ of certiorari to quash the order dated 04.05.2022 passed by the 4^th respondent and for other consequential relief. It is the case of the petitioners that, respondent No.4-Tahasildar, Jamakhandi, passed the impugned order creating charge on the properties of the petitioners and entered boja in Column No.11 of the Record of Rights on petitioners’ lands.

It is the case of respondent No.4 that, while

passing the impugned order, the petitioners have allegedly stored soil illegally which was brought from the banks of the

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Krishna river for conducting brick business and therefore the charge on the properties was created by passing the impugned order.

It is the contention of the learned counsel for the petitioners that, the petitioners have not stored any soil in their lands nor the Government Officers of the respondents seized any soil from the lands of the petitioners. It is a created story of the respondents and without there being any truth in the matter, an illegal order came to be passed by respondent No.4. Learned counsel further contends that, respondent No.4 while passing such an order has not followed the principles of natural justice and has gone against the statute by not issuing any notice, neither he has conducted any panchanama or seizure of the proceedings and no such proceedings or initiation of action was intimated to the petitioners, which is in clear violation of law and principles of natural justice before initiating any action. Therefore, he contends that the allegation of soil storage and excavation are all fabricated and absolutely without any

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material on record and no material is either given or placed. Further, he contends that the impugned order is not sustainable on the sole ground that, respondent No.4 has not issued notice and not conducted inquiry before passing the impugned order.

Learned counsel for the petitioners relies upon the order passed by the Co-ordinate Bench of this Court in Writ Petition No.100263/2025¹ wherein in similar matters, the impugned order dated 04.05.2022 passed by the Tahashildar against other land owners alleging similar reasons for creating a charge on the property, was quashed. Hence, the petitioners seek a similar order in this case.

As the learned AGA representing the respondentState does not dispute the order passed by the Co-ordinate Bench of this Court on the similar order, therefore, nothing much would be required for this Court to delve upon, as the petitioners would be entitled to a similar order

1 Disposed of on 24.02.025

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Under the circumstances, following the directions

already rendered by the Co-ordinate Bench of this Court mentioned hereinabove, I pass the following order:

The petition is allowed. A writ of certiorari is issued. The impugned order dated 04.05.2022 passed by respondent No.4-Tahasildar bearing No.JA.J£ï.J¯ï/¹Dgï-01/2022-2023 is hereby quashed. Respondent No.4 is at liberty to issue notice, follow principles of law and due procedure contemplated to conduct an inquiry and pass suitable orders. In view of quashing of the impugned order at Annexure-A, the charge created on the petitioners’ properties is withdrawn.

Ordered accordingly.

Sd/(PRADEEP SINGH YERUR) JUDGE

kmv CT-MCK