[Cites 5, Cited by 0]
Karnataka High Court
Sri. B. Anjineppa S/O Pennappa Siddapur ... vs The State Of Karnataka on 24 March, 2026
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NC: 2026:KHC-D:4559
WP No. 102268 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 24TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
WRIT PETITION NO. 102268 OF 2026 (KLR-RES)
BETWEEN:
SRI. B. ANJINEPPA
S/O PENNAPPA SIDDAPUR,
SINCE DECEASED BY HIS LR'S.,
SRI. B. TAYAPPA,
AGE. 62 YEARS, OCC. AGRICULTURE,
R/AT: DOOR NO.119/A, NEAR BUS STOP,
SIDDAPUR, VTC SIDDAPUR,
PO: SUSHILANAGAR,
DIST: BALLARI-583 119.
... PETITIONER
(BY SRI. V.S. KALASURMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY ITS PRINCIPAL SECRETARY,
Digitally signed by
PREMCHANDRA
DEPARTMENT OF REVENUE,
MR
Location: HIGH
COURT OF
M.S. BUILDING, VIDHAN SOUDHA,
KARNATAKA
BENGALURU-01.
2. THE REGIONAL COMMISSIONER,
KALABURAGI, DIST: KALABURAGI-585 101.
3. THE DEPUTY COMMISSIONER,
BALLARI, DIST: BALLARI-583 119.
4. THE ASSISTANT COMMISSIONER
AND SURVEY SETTLEMENT OFFICER,
OFFICE OF THE ASSISTANT COMMISSIONER,
DIST: BALLARI-583 119.
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WP No. 102268 of 2026
HC-KAR
5. THE TAHASILDAR,
SANDUR, DIST: BALLARI-583 119.
... RESPONDENTS
(BY SMT. MALA.B.BHUTE, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS
UNDER:
ORAL ORDER
Sri.V.S.Kalasurmath., counsel for the petitioner and
Smt.Mala B.Bhute., Additional Government Advocate for the
respondents have appeared in person.
2. The Writ Petition is filed seeking the following reliefs:
"a) Issue a writ in the nature of certiorari quashing the
impugned order passed by the respondent No.4 dated
23.03.2023 bearing £ÀA/PÀA/¸ÀªÉÃð ¸Él¯ïªÉÄAmï/05/2022-23,
vide Annexure-A, in so far as Sy.Nos.45/*/* to an
extent of 0.50.00 cents, 46/*/* to an extent 1.00
Acres and 47/*/* to an extent of 2.25 Acres are
concerned.
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b) Grant such other relief/s as deems fit in the
circumstances of the case and allow the writ petition
with costs in the interest of justice and equity."
3. Counsel appearing on behalf of the petitioner urged
several contentions.
4. The Additional Government Advocate appearing on
behalf of the respondents justifies the impugned order by
contending that the land in question is classified as Gudda ('B
Kharab land') and that the revenue authorities were empowered
to correct the revenue records pursuant to the resettlement
proceedings. It is further contended that the classification of the
land has been corrected in accordance with the settlement order
and that the same does not warrant interference by this Court.
5. Heard the arguments and perused papers with care.
6. It is not in dispute that a survey was conducted.
However, the mandatory procedure contemplated under Sections
118 to 121 of the Karnataka Land Revenue Act, 1964 has not
been followed. Section 118 of the Act mandates that any
determination or alteration relating to the classification or
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description of land in the revenue records, particularly when such
determination entails civil consequences, must be preceded by
issuance of notice to the affected parties and by conducting a
proper enquiry. Similar procedural safeguards are also envisaged
under Sections 119 to 121 of the Act.
7. In the present case, the petitioner was conferred with
tenancy and occupancy rights as early as in the year 1981.
However, the same has been deleted by classifying the land as
Gudda (B Kharab land) without conducting any enquiry as
contemplated under the provisions of the Act. Such action is
arbitrary and in clear violation of the principles of natural justice.
Therefore, the unilateral action of the revenue authorities cannot
be sustained.
8. Accordingly, a writ of certiorari is issued. The
mutation entry in the revenue records, insofar as it affects the
petitioner, pursuant to the impugned order dated 23.03.2023
passed by Respondent No. 4 vide Annexure-A, is hereby
quashed. The respondents are directed to restore the revenue
entries as they stood prior to the impugned order dated
23.03.2023. Liberty is reserved to the competent authority to
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proceed afresh, if so advised, in accordance with law, after
issuing notice to the petitioner and conducting an enquiry in
accordance with law.
9. Resultantly, the writ petition stands allowed.
Sd/-
(JYOTI M)
JUDGE
RH
LIST NO.: 1 SL NO.: 65
