V S Lingappa S/O. Late v. Nagappa Vs the Deputy… — Writ and Judicial Review | Karnataka HC (2025)

V S Lingappa S/O. Late v. Nagappa Vs the Deputy… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed; writ of certiorari issued quashing the Deputy Commissioner's order dated 06-11-2024 (Annexure-A) and the Assistant Commissioner's order dated 18-07-2022 (Annexure-B); matter remitted to the Assistant Commissioner (Respondent No. 2) for fresh consideration with an opportunity of hearing to the petitioner; petitioner to appear before the Assistant Commissioner on 08.09.2025 at 2:30 p.m. without further notice.

Issue for consideration

Whether the petitioner's name could be deleted from the record of rights by the impugned orders of the Assistant Commissioner and the Deputy Commissioner without any consideration of the petitioner's claim and the documents submitted by him.

Court's answer

On a perusal of Annexure-B, the Assistant Commissioner's order does not indicate any consideration of the petitioner's claim, and it is evident that neither the Assistant Commissioner nor the Deputy Commissioner considered the claim or the documents submitted by the petitioner; both orders are therefore unsustainable.

Ratio / Principle

A writ of certiorari was issued quashing the Deputy Commissioner's order dated 06-11-2024 (Annexure-A) and the Assistant Commissioner's order dated 18-07-2022 (Annexure-B).

Key takeaways

The matter was remitted to the Assistant Commissioner (Respondent No. 2) for fresh consideration with an opportunity of hearing to the petitioner, who was directed to appear on 08.09.2025 at 2:30 p.m. without further notice.ratio¶41

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution of India (WP No. 105555 of 2025, classified KLR-RR/SUR), High Court of Karnataka, Dharwad Bench; single Judge (Suraj Govindaraj, J.), decided 23-08-2025. The petitioner, an agriculturist of Hale Daroji village, Sandur taluka, Ballari district, challenged the deletion of his name from the record of rights effected by the Assistant Commissioner, Ballari (Annexure-B, No. RCCMS Case Id.Bhoomi/35/18-19 No./Kandaya/Bhoomi/35/2018-19, dated 18-07-2022) and confirmed by the Deputy Commissioner, Ballari (Annexure-A, No. REV/APL/69/2024, dated 06-11-2024). Both orders referred only to the Tahsildar's report. On a perusal of Annexure-B the Court found that it did not indicate any consideration of the petitioner's claim, and that neither authority had considered the claim or the documents submitted by the petitioner. Holding both orders unsustainable, the Court allowed the petition, issued a writ of certiorari quashing both orders, and remitted the matter to the Assistant Commissioner (Respondent No. 2) for fresh consideration with an opportunity of hearing to the petitioner, directing him to appear on 08.09.2025 at 2:30 p.m. without further notice.

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NC: 2025:KHC-D:10756 WP No. 105555 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23^RD DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 105555 OF 2025 (KLR-RR/SUR)

BETWEEN:

V S LINGAPPA S/O. LATE V. NAGAPPA, AGED ABOUT 58 YEARS, OCC. AGRICULTURE, R/O. HALE DAROJI VILLAGE-583129, TQ. SANDUR, DIST. BALLARI.

…PETITIONER

(BY SRI. M.M. PATIL, ADVOCATE)

AND:

Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad

THE DEPUTY COMMISSIONER BALLARI DISTRICT, BALLARI-583101.

THE ASSISTANT COMMISSIONER BALLARI DISTRICT, BALLARI-583101.

THE TAHASILDAR SANDUR TALUKA, SANDUR-583119.

…RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3)

THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, I. QUASH THE ORDER PASSED BY

2 - NC: 2025:KHC-D:10756 WP No. 105555 of 2025

HC-KAR

THE DEPUTY COMMISSIONER BALLARI VIDE ANNEXURE-A BEARING ITS NO.REV/APL/69/2024 DATED 06-11-2024 CONSEQUENTLY QUASH THE ORDER PASSED BY THE ASSISTANT COMMISSIONER BALLARI AS PER ANNEXURE-B BEARING ITS NO.RCCMS CASE ID.BHOOMI/35/18-19 NO./KANDAYA/BHOOMI/35/2018-19 DATED 18-07-2022.II. PASS ANY SUCH OTHER ORDERS AS THIS HON BLE COURT DEEMS FIT IN THE FACT AND CIRCUMSTANCES OF THE ABOVE CASE.

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

ORAL ORDER

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

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

i. Quash the order passed by the Deputy Commissioner Ballari vide Annexure-A bearing its No.REV/APL/69/2024 dated 06-11-2024 consequently quash the order passed by the Assistant Commissioner Ballari as per Annexure-B bearing its No.RCCMS Case Id.Bhoomi/35/18-19 No./Kandaya/Bhoomi/35/2018-19 dated 18-072022.

ii. Pass any such other orders as this Hon’ble Court deems fit in the fact and circumstances of the above case.

The grievance of the petitioner is that the petitioner’s

name has been deleted from the record of rights by

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NC: 2025:KHC-D:10756 WP No. 105555 of 2025

HC-KAR

the impugned orders without considering the

documents submitted by the petitioner.

A perusal of Annexure-B, order passed by the Assistant Commissioner does not indicate any consideration of the petitioner’s claim. This has been confirmed by the Deputy Commissioner in AnnexureA. Both these orders refer to the report submitted by Thasildhar, but it is evident that neither of the authorities has considered the claim or the documents submitted by the petitioner. In view of the above, I pass the following:

ORDER

i. The Writ petition is allowed .

ii. A writ of certiorari is issued quashing the order dated 06-11-2024, passed by the Deputy Commissioner, Ballari vide Annexure-A and the order dated 18-07-2022, passed by the Assistant Commissioner, Ballari vide AnnexureB.

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iii. The matter is remitted to the Assistant Commissioner (Respondent No. 2) for fresh consideration, with an opportunity of hearing to the petitioner.

iv. The petitioner shall appear before the Assistant Commissioner on 08.09.2025 at

2:30 p.m. without any further notice.

Sd/(SURAJ GOVINDARAJ) JUDGE

VB CT:PA List No.: 1 Sl No.: 4