Karnataka High Court
Hanamantappa S/O Muniyappa Lamani vs The State Of Karnataka on 13 December, 2023
-1-
NC: 2023:KHC-D:14595
WP No. 106439 of 2023
C/W WP No. 106442 of 2023, WP No.
106573 of 2023, WP No. 106683 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 106439 OF 2023 (LR-)
C/W
WRIT PETITION NO. 106442 OF 2023
WRIT PETITION NO. 106573 OF 2023
WRIT PETITION NO. 106683 OF 2023
IN WP NO.106439/2023.
BETWEEN:
1. SHRI GOPAL S/O. CHETRAPPA LAMANI @ RATHOD
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI TANDA 582103,
TQ/DIST: GADAG.
2. SHRI KRISHNAPPA S/O. CHETRAPPA LAMANI
@ RATHOD AGE: 58 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI TANDA 582103, TQ/DIST: GADAG.
MOHANKUMAR
B SHELAR
3. SHRI SANGAPPA S/O. CHETRAPPA LAMANI
@ RATHOD, AGE: 54 YEARS, OCC: AGRICULTURE,
Digitally signed by
MOHANKUMAR B
R/O. NAGAVI TANDA 582103,
SHELAR
Date: 2023.12.16
TQ/DIST: GADAG.
13:46:35 +0530
4. SHRI MEGHAPPA S/O. CHETRAPPA LAMANI
@ RATHOD, AGE: 52 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI TANDA 582103,
TQ/DIST: GADAG.
5. SHRI VAGAPPA @ VASAPPA S/O. CHETRAPPA
LAMANI @ RATHOD
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI TANDA 582103,
TQ/DIST: GADAG.
-2-
NC: 2023:KHC-D:14595
WP No. 106439 of 2023
C/W WP No. 106442 of 2023, WP No.
106573 of 2023, WP No. 106683 of 2023
6. SHRI ASHOKA S/O. CHETRAPPA LAMANI @ RATHOD
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI TANDA 582103,
TQ/DIST: GADAG.
7. SHRI VINOD S/O. CHETRAPPA LAMANI @ RATHOD
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI TANDA 582103,
TQ/DIST: GADAG.
...PETITIONERS
(BY SRI. S. B. DODDAGOUDAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
TO THE REVENUE, VIDHANA SOUDHA,
BENGALURU-560001.
2. THE REGIONAL COMMMISSIONER,
BELAGAVI DIVISION, BELAGAVI-590001.
3. THE DEPUTY COMMISSIONER,
GADAG DISTRICT, GADAG-582101.
4. THE ASSISTANT COMMISSIONER,
GADAG SUB-DIVISION,
GADAG-582101, TQ/DIST: GADAG.
5. THE TAHASHILDAR,
GADAG TALUK, GADAG-582101,
TQ/DIST: GADAG.
...RESPONDENTS
(BY SRI. SHIVAPRABHU S. HIREMATH, AGA FOR RESP. NO.1 TO 5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO WRIT OF CERTIORARI
OR ANY OTHER ORDER DIRECTION, QUASHING THE IMPUGNED
NOTIFICATION DATED 30.01.2019 ISSUED BY THE RESPONDENT
NO.3 IN FORM NO.2-E IN NO.REV/GAGA/SN/CR-01/2017-18 AS PER
ANNEXURE -B AND THE IMPUGNED CORRIGENDUM NOTIFICATION
DATED 23.03.2020 NO. REV/GAGA/SINA/CR-01/2017-18 AS PER
ANNEXURE-C, IN SO FAR AS THEY RELATES TO THE LANDS BEARING
R.S. NO.26/5 OF NAGAVI VILLAGE OF GADA TALUKA AND DISTRICT
AND WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION,
QUASHING THE IMPUGNED MUTATION ENTRY BEARING M.R.NO.H52
-3-
NC: 2023:KHC-D:14595
WP No. 106439 of 2023
C/W WP No. 106442 of 2023, WP No.
106573 of 2023, WP No. 106683 of 2023
MUTATED/CERTIFIED BY THE RESPONDENT NO.5 AS PER
ANNEXURE-D IN SO FAR AS THEY RELATES TO THE LANDS BEARING
R.S.NO.26/5 OF NAGAVI VILLAGE OF GADAG TALUKA AND
DISTRICT.
IN WP NO.106442/2023
BETWEEN:
1. RAJESH PRABHU RATHOD
AGE: 21 YEARS, OCC: AGRICULTURE,
R/O. HULKOTI, TQ/DIST: GADAG.
2. NEELAVA W/O. RAVI LAMANI
AGE: 39 YEARS, OCC: HOUSEHOLD WORK,
R/O. KALASAPUR TANDA, TQ/DIST: GADAG.
3. AVINASH PRABHU RATHOD,
AGE: 30 YEARS, OCC: AGRICULTURE,
R/O. HULKOTI, TQ/DIST: GADAG.
4. LAXMAVVA W/O. BHIMAPPA LAMANI,
AGE: 73 YEARS, OCC: HOUSEHOLD WORK,
R/O. HULKOTI, TQ/DIST: GADAG.
5. VEERESH S/O. CHANNAPPA RATHOD
AGE: 43 YEARS, OCC: AGRICULTURE,
R/O. HULKOTI, TQ/DIST: GADAG.
6. HANAMANTHNAYAK C. S.
S/O. CHANNANAYAK @ CHANNAPPA,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI, TQ/DIST: GADAG,
NOW AT DAWANAGERI.
7. NAGIBHAI W/O. CHANNANAYAK @ CHANNAPPA,
RATHOD @ LAMANI, AGE: 73 YEARS,
OCC: HOUSEHOLD WORK,
R/O. NAGAVI, TQ/DIST: GADAG,
NOW AT DAWANAGERI.
8. VENKATESH S/O. PRABHU RATHOD @ LAMANI
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI TANDA-582103,
TQ/DIST: GADAG.
-4-
NC: 2023:KHC-D:14595
WP No. 106439 of 2023
C/W WP No. 106442 of 2023, WP No.
106573 of 2023, WP No. 106683 of 2023
9. SUSHILAVVA W/O. MANAPPA LAMANI
AGE: 50 YEARS, OCC: HOUSEHOLD,
R/O. JANATA COLONY, HULAKOTI,
TQ/DIST: GADAG.
10. PARAVVA W/O. SOMANATH MALAGIMANI
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI TANDA-582103,
TQ/DIST: GADAG.
11. TOTAPPA @ THAKAPPA GURAPPA RATHOD @ LAMANI
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O. HULAKOTI, TQ/DIST: GADAG,
...PETITIONERS
(BY SRI. S. B. DODDAGOUDAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
TO THE REVENUE, VIDHANA SOUDHA,
BENGALURU-560001.
2. THE REGIONAL COMMMISSIONER,
BELAGAVI DIVISION, BELAGAVI-590001.
3. THE DEPUTY COMMISSIONER,
GADAG DISTRICT, GADAG-582101.
4. THE ASSISTANT COMMISSIONER,
GADAG SUB-DIVISION,
GADAG-582101, TQ/DIST: GADAG.
5. THE TAHASHILDAR,
GADAG TALUK, GADAG-582101,
TQ/DIST: GADAG.
...RESPONDENTS
(BY SRI. SHIVAPRABHU S. HIREMATH, AGA FOR RESP. NO.1 TO 5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO WRIT OF CERTIORARI
OR ANY OTHER ORDER OR DIRECTION QUASHING THE IMPUGNED
NOTIFICATION DATED 30-01-2019 ISSUE BY THE RESPONDENT NO.
3 IN FORM NO. 2-E IN NO. REV/GAGA/SN/CR-01/2017-18 AS PER
-5-
NC: 2023:KHC-D:14595
WP No. 106439 of 2023
C/W WP No. 106442 of 2023, WP No.
106573 of 2023, WP No. 106683 of 2023
ANNEXURE-B AND THE IMPUGNED CORRIGENDUM NOTIFICATION
DATED 23-03-2020 NO. REV/GAGA/SINA/CR-01/2017-18 AS PER
ANNEXURE-C, IN SO FAR AS THEY RELATES TO THE LAND BEARING
R.S. NO. 28/2/1A OF NAGAVI VILLAGE OF GADAG TALUKA AND
DISTRICT AND WRIT OF CERTIORARI OR ANY OTHER ORDER OR
DIRECTION, QUASHING THE IMPUGNED MUTATION ENTRY BEARING
M.R. NO. H52 MUTATED/ CERTIFIED BY THE RESPONDENT NO. 5 AS
PER ANNEXURE-D, IN SO FAR AS THEY RELATES TO THE LANDS
BEARING R.S. NO. 28/2/1A OF NAGAVI VILLAGE OF GADAG TALUK
AND DISTRICT.
IN WP NO.106573/2023
BETWEEN:
1. HANAMANTAPPA S/O. MUNIYAPPA LAMANI
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI TANDA-582103, TQ/DIST: GADAG.
2. RAMESH S/O. POORAPPA LAMANI
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. JANATA COLONY, HULIKOTI-582103,
TQ/DIST: GADAG.
3. KISHOR S/O. NANAPPA LAMANI
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI TANDA-582103, TQ/DIST: GADAG.
4. VIJAY S/O. NANAPPA LAMANI
AGE: 33 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI TANDA-582103, TQ/DIST: GADAG.
5. LAXMAVVA W/O. DEVAPPA CHAVAN
AGE: 43 YEARS, OCC: AGRICULTURE/
HOUSEHOLD WORK, R/O. NAGAVI
TANDA-582103, TQ/DIST: GADAG.
6. PARASHURAM S/O. NANAPPA LAMANI
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI TANDA-582103,
TQ/DIST: GADAG.
7. SHEELA W/O. BHOJAPPA CHAVAN
AGE: 33 YEARS, OCC: HOUSEHOLD WORK,
R/O. NAGAVI TANDA-582103, TQ/DIST: GADAG.
-6-
NC: 2023:KHC-D:14595
WP No. 106439 of 2023
C/W WP No. 106442 of 2023, WP No.
106573 of 2023, WP No. 106683 of 2023
8. KRISHNA S/O. NARAYAN DODDAMANI
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI TANDA-582103,
TQ/DIST: GADAG, NOW AT DABOLIMA GOA.
9. PARAVVA W/O. NANAPPA LAMANI
AGE: 60 YEARS, OCC: HOUSEHOLD WORK,
R/O. NAGAVI TANDA-582103,
TQ/DIST: GADAG.
10. LAXMI W/O. RAMESH LAMANI @ RATHOD
AGE: 54 YEARS, OCC: HOUSEHOLD WORK,
R/O. NAGAVI TANDA-582103,
TQ/DIST: GADAG.
11. RATNAVVA W/O. CHNDRU LAMANI @ PAWAR
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI TANDA-582103, TQ/DIST: GADAG.
12. KISHOR S/O. PARAPPA LAMANI
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI TANDA-582103, TQ/DIST: GADAG.
13. BHIMAPPA S/O. MUNIYAPPA LAMANI
AGE: 76 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI TANDA-582103, TQ/DIST: GADAG.
14. SOMANATH @ SOMAPPA S/O. POORAPPA LAMANI
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI TANDA-582103, TQ/DIST: GADAG.
15. SHANKRAPPA S/O. POORAPPA LAMANI
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI TANDA-582103,
TQ/DIST: GADAG.
...PETITIONERS
(BY SRI. S. B. DODDAGOUDAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
TO THE REVENUE, VIDHANA SOUDHA,
BENGALURU-560001.
2. THE REGIONAL COMMMISSIONER,
BELAGAVI DIVISION, BELAGAVI-590001.
-7-
NC: 2023:KHC-D:14595
WP No. 106439 of 2023
C/W WP No. 106442 of 2023, WP No.
106573 of 2023, WP No. 106683 of 2023
3. THE DEPUTY COMMISSIONER,
GADAG DISTRICT, GADAG-582101.
4. THE ASSISTANT COMMISSIONER,
GADAG SUB-DIVISION,
GADAG-582101, TQ/DIST: GADAG.
5. THE TAHASHILDAR,
GADAG TALUK, GADAG-582101,
TQ/DIST: GADAG.
...RESPONDENTS
(BY SRI. SHIVAPRABHU S. HIREMATH, AGA FOR RESP. NO.1 TO 5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO WRIT OF CERTIORARI
OR ANY OTHER ORDER OR DIRECTION, QUASHING THE IMPUGNED
NOTIFICATION DATED 30.01.2019 ISSUED BY THE RESPONDENT
NO.3 IN FORM NO.2-E IN NO. REV/GAGA/SN/CR-01/2017-18 AS PER
ANNEXURE-B AND THE IMPUGNED CORRIGENDUM NOTIFICATION
DATED 23.03.2020 NO. REV/GAGA/SINA/CR-01/2017-18 AS PER
ANNEXURE-C, IN SO FAR AS THEY RELATES TO THE LANDS BEARING
R.S. NO. 28/2/1B OF NAGAVI VILLAGE OF GADAG TALUKA AND
DISTRICT AND WRIT OF CERTIORARI OR ANY OTHER ORDER OR
DIRECTION, QUASHING THE IMPUGNED MUTATION ENTRY BEARING
M.R. NO. H52 MUTATED/CERTIFIED BY THE RESPONDENT NO.5 AS
PER ANNEXURE-D, IN SO FAR AS THEY RELATES TO THE LANDS
BEARING R.S. NO. 28/2/1B OF NAGAVI VILLAGE OF GADAG TALUKA
AND DISTRICT.
IN WP NO.106683/2023
BETWEEN:
1. SHIVAPPA S/O. KHEMAPPA @ BHEEMAPPA RATHOD
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI TANDA-582103,
TQ/DIST: GADAG.
2. PANDAPPA S/O. KHEMAPPA @ BHEEMAPPA
RATHOD, AGE: 54 YEARS, OCC: AGRICULTURE,
R/O. NAGAVI TANDA-582103,
TQ/DIST: GADAG.
...PETITIONERS
(BY SRI. S. B. DODDAGOUDAR, ADVOCATE)
-8-
NC: 2023:KHC-D:14595
WP No. 106439 of 2023
C/W WP No. 106442 of 2023, WP No.
106573 of 2023, WP No. 106683 of 2023
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
TO THE REVENUE, VIDHANA SOUDHA,
BENGALURU-560001.
2. THE REGIONAL COMMMISSIONER,
BELAGAVI DIVISION, BELAGAVI-590001.
3. THE DEPUTY COMMISSIONER,
GADAG DISTRICT, GADAG-582101.
4. THE ASSISTANT COMMISSIONER,
GADAG SUB-DIVISION,
GADAG-582101, TQ/DIST: GADAG.
5. THE TAHASHILDAR,
GADAG TALUK, GADAG-582101,
TQ/DIST: GADAG.
...RESPONDENTS
(BY SRI. SHIVAPRABHU S. HIREMATH, AGA FOR RESP. NO.1 TO 5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO WRIT OF CERTIORARI
OR ANY OTHER ORDER OR DIRECTION, QUASHING THE IMPUGNED
NOTIFICATION DATED 30-01-2019 ISSUED BY THE RESPONDENT
NO. 3 IN FORM NO. 2-E IN NO. REV/GAGA SN/CR-01/2017-18 AS
PER ANNEXURE-B AND THE IMPUGNED CORRIGENDUM
NOTIFICATION DATED 23-03-2020 NO. REV/GAGA/SINA/CR-
01/2017-18 AS PER ANNEXURE-C ISSUED BY DEPUTY
COMMISSIONER GADAG AND RESPONDENT NO. 3 IN SO FAR AS
THEY RELATED TO THE LANDS BEARING R.S. NO. 26/2 OF NAGAVI
VILLAGE OF GADAG TALUKA AND DISTRICT AND WRIT OF
CERTIORARI OR ANY OTHER ORDER OR DIRECTION, QUASHING THE
IMPUGNED MUTATION ENTRY BEARING M.R. NO H52
MUTATED/CERTIFIED BY THE RESPONDENT NO. 5, I.E THE
TAHASHILDAR GADAG AS PER ANNEXURE-D DATED 22-06-2020 IN
SO FAR AS THEY RELATES TO THE LANDS BEARING R.S. NO. 26/2
OF NAGAVI VILLAGE OF GADAG TALUKA AND DISTRICT
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
-9-
NC: 2023:KHC-D:14595
WP No. 106439 of 2023
C/W WP No. 106442 of 2023, WP No.
106573 of 2023, WP No. 106683 of 2023
ORDER
Learned AGA, Sri.Shivaprabhu Hiremath accepts
notice on behalf of respondents No.1 to 5.
2. Heard the learned counsel for the petitioners as
well as the learned AGA for the respondents.
3. Petitioners are aggrieved by the order dated
30.01.2019, MR No.H52 of 2019 and also consequential
order at Annexure-C.
4. Learned counsel for the petitioners submits that
petitioners' names have been deleted from the property
records without hearing the petitioners. He would submit
that issue involved in these matters is covered in terms of
the judgment rendered by Co-ordinate Bench of this court
in W.P.No.101652/2023 and W.P.No.104646/2022.
5. Learned AGA would contend that authorities
have the jurisdiction to pass orders under the relevant
provisions of the Karnataka Land Revenue Act.
- 10 -
NC: 2023:KHC-D:14595
C/W WP No. 106442 of 2023, WP No.
106573 of 2023, WP No. 106683 of 2023
6. As can be noticed, there is nothing on record to
show that petitioners have been heard before passing the
impugned order. This being the position, the writ
petitioners are allowed in terms of the order passed by
this court in W.P.No.101652/2023 and
W.P.No.104646/2022. Hence, the following:
ORDER
i) The writ petitioners are allowed.
ii) The petitioners shall appear before respondent
No.3 on 02.01.2024 without further notice.
iii) Respondent No.3 shall examine the documents
produced by the petitioners, if any, and hear
them and thereafter take appropriate steps in
accordance with law in respect of the lands
concerned. Till such decision is taken, the
respondents shall not precipitate the matter.
- 11 -
NC: 2023:KHC-D:14595
C/W WP No. 106442 of 2023, WP No.
106573 of 2023, WP No. 106683 of 2023
iv) In view of disposal of the writ petitions, pending
I.A's, if any, do not survive for consideration
and the same are disposed of.
Sd/-
JUDGE
MBS/ct-an
