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2025 Supreme(Online)(Kar) 41151
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100771 OF 2025 (LR)
BETWEEN SHRI. HARIHARRAO S/O RAGHUNATHRAO PATWARDHAN AGE. 69 YEARS, OCC. BUSINESS, R/O 549/A, RAMA PALACE, MADHAVPUR, VADGAON, BELAGAVI-590005 TQ. AND DIST. BELAGAVI ...PETITIONER (BY SRI. PRUTHVI K.S., ADVOCATE)
AND
11. THE STATE OF KARNATAKA RPTD BY ITS PRL. SECRETARY, Digitally signed by SHWETHA DEPT. OF REVENUE, RAGHAVEN DRA M.S. BUILDING, DR. AMBEDKAR Location: HIGH VEEDHI COURT OF BENGALURU-560001 KARNATAKA
2. THE DEPUTY COMMISSIONER BELAGAVI-590001, TQ AND DIST. BELAGAVI
3. THE ASSISTANT COMMISSIONER/
THE LAND TRIBUNAL, BELAGAVI-
590001 T Q AND DIST. BELAGAVI
4. THE TAHASILDAR BELAGAVI-590001 TQ AND DIST. BELAGAVI …. RESPONDENTS I. SHRI. MALLESH S/O GOPAL CHOUGULE AGE: 66 YEARS, OCC: AGRICULTURE R/O: H.NO. 4126, NEAR LAXMI TEMPLE KANGRAL GALLI, BELAGAVI-590001.
II. SMT. AVVAKKA W/O DURGAPPA KOLKAR AGE: 79 YEARS, OCC: AGRICULTURE R/O: H.NO. 264, AMBEDKAR GALLI BENAKANAHALLI VILLAGE.
TQ & DIST: BELAGAVI-591108.
III. SHRI. DEELIP S/O BHAVAKU MANDOLKAR AGE: 56 YEARS, OCC: AGRICULTURE R/O: H.NO. 4126, NEAR LAXMI TEMPLE KANGRAL GALLI, BELAGAVI-590001.
IV. SMT. SUJATA D/O SHRIPADA CHOUGULE AFTER MARRIAGE SUJATA W/O DEELIP MANDOLKAR AGE: 50 YEARS, OCC: AGRICULTURE R/O: H.NO.4126, NEAR LAXMI TEMPLE KANGRAL GALLI, BELAGAVI-590001.
V. SHRI. BALAKRISHNA S/O YALLAPPA KONKANE AGE: 55 YEARS, OCC: COOLIE R/O: H.NO. 958/2, YALLUR VILLAGE TQ & DIST: BELAGAVI-590005.
VI. SHRI. SIDRAL S/O GOPAL CHOUGULE AGE: 63 YEARS, OCC: AGRICULTURE R/O: H.NO. 44, ASHRAYA PLOT VANTAMURI COLONY, BELAGAVI-590016 VII. SHRI. SAMPAT S/O ARJUN CHOUGULE AGE: 47 YEARS, OCC: AGRICULTURE R/O: PLOT NO. 09, SEC NO.9, MALMARUTI MM EXTENTION, BELAGAVI-590016 VIII. SMT. SUSHILA W/O BHAVAKU MANDOLKAR AGE: 69 YEARS OCC; AGRICULTURE R/O: H.NO.4126, NEAR LAXMI TEMPLE KANGRAL GALLI, BELAGAVI-590001.
IX. SMT SHOBHA W/O SIDDAPPA SANGANAVAR.
AFTER MARRIAGE SHOBHA SHAM CHOUGULE AGE: 55 YEARS OCC; AGRICULTURE R/O: H.NO.4126, NEAR LAXMI TEMPLE KANGRAL GALLI, BELAGAVI-590001.
X. SHRI. SHAM S/O GOPAL CHOUGULE AGE: 60 YEARS OCC; AGRICULTURE R/O: H.NO.4126, NEAR LAXMI TEMPLE KANGRAL GALLI, BELAGAVI-590001.
XI. SMT. PARVATI W/O RAMLING CHOUGULE AGE: 60 YEARS OCC;
AGRICULTURE R/O: H.NO.4124, NEAR LAXMI TEMPLE KANGRAL GALLI, BELAGAVI-590001.
XII. SMT. RENUKA S/O NANDU KAMBLE (DECEASED)
XIII. SMT. RENUKA GOPAL CHOUGULE AFTER MARRIAGE RENUKA BALKRISHNA KOKANE AGE: 50 YEARS OCC; AGRICULTURE R/O: H.NO.958/2, YALLUR VILLAGE TQ & DIST: BELAGAVI-590005.
XIV. SMT. SURESH S/O FAKIRAPPA METRI. (DECEASED)
XV. SMT. ANUSUYA W/O SHRIDHAR KAMBLE AGE: 57 YEARS OCC: AGRICULTURE R/O: H.NO.897, AMBEDKAR GALLI KAKATI.
BELAGAVI-591113.
XVI. SHRI. RAMESH S/O ARJUN CHOUGULE AGE: 60 YEARS OCC; AGRICULTURE R/O: PLOT NO. 09, SEC NO.9, MALMARUTI MM EXTENTION, BELAGAVI-590016 XVII. SHRI. BHARATI BHAVAKU MANDOLKAR AFTER MARRIAGE BAHARATI RAM NESARAKAR AGE: 54 YEARS OCC; AGRICULTURE R/O: BELAGAVI. PRESENTLY RESIDING AT FLAT NO. A/101, JAGRUTI APARTMENT RADHA BAI MHATRE ROAD, NEAR VITTAL MANDIR, DAHISAR (WEST) MUMBAI 400068 XVIII. SHRI KAMALA GOPAL CHOUGULE. (DECEASED)
XIX. SHRI SANJAY GURUPAD SULAGEKAR AGE: 53 YEARS OCC; AGRICULTURE R/O: H.NO.06, SECTOR NO.5 SHREE NAGAR BELAGAVI-590010.
XX. SMT. RAJASHRI S/O ASHOK METRI AFTER MARRIAGE RAJASHRI PRAKASH CHOUGULE AGE: 46 YEARS OCC; AGRICULTURE R/O: H.NO.43, ASHRAYA PLOT VANTAMURI COLONY, BELAGAVI-590016 XXI. SMT. LAXMI W/O PARSHURAM CHOUGULE (DECEASED)
XXII. SMT. REKHA BASAVANI CHALAWADI AGE: 63 YEARS OCC; AGRICULTURE R/O: H.NO.613, MAIN ROAD SAMBRA VIILAGE, BELAGAVI-591124.
XXIII. SMT. NILAWWA W/O CHANGAPPA KOKANE AGE: 56 YEARS OCC; AGRICULTURE R/O: H.NO.958/1, MAHATAM FULE GALLI YALLUR VILLAGE BELAGAVI-590005.
XXIV. SHRI. SACHIN S/O YALLAPPA KOLAKAR AGE: 40 YEARS OCC; AGRICULTURE R/O: H.NO.74/1, MARKANDEYA NAGAR BELAGAVI-590010.
XXV. SHRI. SATISH GURUPRASAD SULAGEKAR AGE: 55 YEARS OCC; AGRICULTURE R/O: H.NO.06, SECTOR NO.5 SHREE NAGAR BELAGAVI-590010.
XXVI. SHRI. ANAND S/O YALLAPPA KAMBLE (DECEASED)
XXVII. SHRI. RAMA S/O KALLAPPA KOLAKAR AGE: 78 YEARS OCC; AGRICULTURE R/O: H.NO.649/2 AMBEDKAR GALLI, ANGOL BELAGAVI-590006.
XXVIII. SHRI. PRAKASH S/O GOPAL CHOUGULE AGE: 48 YEARS OCC; AGRICULTURE R/O: H.NO.43, ASHRAYA PLOT VANTAMURI COLONY BELAGAVI-590016.
XXIX. SHRI. ASHOK FAKIRAPPA METRI (DECEASED)
XXX. SMT. YALLAVVA W/O MALLAPPA RAYAVVGOL AGE: 47 YEARS OCC; AGRICULTURE R/O: H.NO.468, BASAVANKUDACHI AMBEDKAR GALLI, BELAGAVI-591124.
XXXI. SHRI. SIDDAPPA RAMA ASHTEKAR (DECEASED)
XXXII. SHRI. RAMA GUNAJI MAHAR @ NESARAKAR AGE: 68 YEARS OCC; AGRICULTURE R/O: BELAGAVI.
PRESENTLY RESIDING AT FLAT NO. A/101, JAGRUTI APARTMENT RADHA BAI MHATRE ROAD, NEAR VITTAL MANDIR, DAHISAR (WEST) MUMBAI 400068 XXXIII. SHRI. SIDRAI S/O YALLAPPA KAMBLE (DECEASED)
XXXIV. SHRI. CHANDRASHEKAR S/O BHIMSEN CHOUGULE AGE: 49 YEARS OCC; AGRICULTURE R/O: H.NO.4124, NEAR LAXMI TEMPLE KANGARL GALLI, BELAGAVI-590001.
XXXV. SHRI. MALLAPPA S/O DURGAPPA KOLKAR AGE: 48 YEARS OCC; AGRICULTURE R/O: H.NO.264, AMBEDKAR GALLI BENAKANHALLI, BELAGAVI 591108.
XXXVI. SHRI. RAJU KALLAPPA KAMBLE (DEACEASED)
XXXVII. SMT. GOURI W/O PRALHAD ALAGAWADI.
AFTER MARRIAGE GOURI MALLESH CHOUGULE AGE: 56 YEARS OCC; AGRICULTURE R/O: H.NO.4126, NEAR LAXMI TEMPLE KANGARL GALLI, BELAGAVI 590001.
XXXVIII. SHRI. JAYASHREE @ JAYAMALA MAHADEV BADAWANCHE AGE: 63 YEARS OCC; AGRICULTURE R/O: H.NO.4137, KANGARL GALLI, BELAGAVI 590001.
XXXIX. SHRI. ANJANA GUNDU REVALE.
AFTER MARRIAGE ANJANA SHIDRAM CHOUGULE AGE: 54 YEARS OCC; AGRICULTURE R/O: H.NO.44, ASHRAYA PLOT VANTAMURI PLOT, BELAGAVI 590016.
XL. SMT. SUVARNA W/O DAYANAND DHALE AFTER MARRIAGE SUVARNA RAMESH CHOUGULE AGE: 51 YEARS OCC; AGRICULTURE R/O: H.NO.45 ASHRAYA PLOT VANTAMURI PLOT, BELAGAVI 590016 XLI. SHRI. ANUPAMA W/O PRALHADARAO ALAGAWADI AGE: 58 YEARS OCC; AGRICULTURE R/O: H.NO.1050, ANANT SHYAN GALLI, BELAGAVI 590001.
XLII. SHRI. KIRAN MAHADEV BADAVANACHE AGE: 51 YEARS OCC; AGRICULTURE R/O: H.NO.4137, KANGRAL GALLI, BELAGAVI 590001.
XLIII. SHRI. BHASKAR RAMCHANDRA @ RAMRAO HAMPIHOLI AGE: 60 YEARS OCC; AGRICULTURE R/O: PLOT NO.69 LORD VENKATESHWAR COLONY BAUXITE ROAD KANGALI (KH), BELAGAVI 590010.
XLIV. SHRI. KANCHANA GUNDU REWALE AFTER MARRIAGE KANCHAN MARUTI KARENNAVAR AGE: 52 YEARS OCC; AGRICULTURE R/O: H.NO.335/0, INDRA NAGAR, ANGOL BELAGAVI 590006.
XLV. SHRI. SANJAY PRALHAD ALAGWADI AGE: 51 YEARS OCC; AGRICULTURE R/O: H.NO.1050, ANANT SHYAN GALLI, BELAGAVI 590001.
XLVI. SHRI. LALITA W/O JYOTIBA PATIL (DECEASED)
XLVII. SMT. VARSHA W/O BALKRISHNA DHAMNEKAR AFTER MARRIAGE VARSHA VIJAY MANOLKAR AGE: 46 YEARS OCC; AGRICULTURE R/O: H.NO.3399, GONDALI GALLI, BELAGAVI 590001.
XLVIII. SRI. RAMA S/O FAKIRAPPA CHAVAN AGE: 70 YEARS, OCC: AGRICULTURE, R/O: PLOT NO. 39/19, 3 CROSS VAIBHAV NAGAR, BELAGAVI-590010.
… IMPLEADING APPLICANTS (BY SRI. T. HANUMAREDDY., AGA FOR R1 TO R4;
SMT. NAGARATNA S. PATTAR., ADVOCATE FOR PROPOSED IMPLEADING APPLICANTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI BY QUASHING THE ORDER DATED 10.01.2025 BRG NO. LRM: (66):SR:SR:539+451 PASSED BY THE R3 VIDE ANNEXURE-L IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS AND HAVING BEEN RESERVED FOR ORDERS ON 17.09.2025, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
CAV ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The Petitioner is before this Court seeking for the following reliefs:
i. Issue a writ in the nature of Certiorari by quashing the Order dated 10.01.2025 brg No. LRM (66):SR:SR:539+451 passed by R3 vide Annexure-L in the interest of justice and equity.
ii. Issue a writ in the nature of certiorari by quashing the order dated 8.6.2007 brg No. KLR-CR/07/07-08 passed by the R3 vide Annexure-H in the interest of justice and equity.
iii. Issue a writ in the nature of Mandamus by directing the R3 to allow the Declaration on Form No.11 dated: 28/12/1974 pursuant to Annexure-B and C submitted by the Family of the petitioner in respect of land brg Svy No.240/2D/1 measuring to an extent of 100 acres and land brg Svy. No.240/2D/2 measuring to an extent of 100 acres situated at Hangaragi Village, Tq and Dist: Belagavi, in the interest of justice and equity.
iv. Issue an appropriate direction by directing the R2 to R4 to enter the name of the petitioner in respect of land brg Svy No. 240/2D/1 measuring to an extent of 100 Acres and land brg Svy No. 240/2D/2 measuring to an extent of 100 Acres situated at Hangaragi Village, Tq and Dist: Belagavi in Column No. 9 to 12 of the record of rights by deleting the name of the Third parties if any, in the interest of justice and equity
v. Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.
2. The Petitioner claims that the family of the Petitioner is the original owner of the land bearing Sy.No.240/2D/1 measuring to an extent of 100 Acres and land bearing Sy.No.240/2D/2 measuring to an extent of 100 Acres situated at Hangaragi Village, Belagavi Taluk and District. To establish such a claim, the Petitioner has produced the Record of Rights, Tenancy, and Crops ('RTC' for short) in respect of the aforesaid lands from the year 1966-1967.
3. The lands having been classified as 'E' Class land. The family of the Petitioner had filed a declaration in Form No.11 on 28.12.1974 after the coming into force of the Karnataka Land Reforms Act, 1961, (hereinafter referred to as the 'KLR Act, 1961' for short) in compliance with Section 66 of the Act. A mining lease had also been executed in favour of the Firm, namely Dalachand Bahadursingh Firm of Calcutta, from the year 1941, which had been renewed from time to time.
4. After the filing of Form No.11, the matter had been referred before Respondent No.3-Assistant Commissioner, who, instead of allowing Form No.11, had held that the family of the Petitioner is holding excess land to the extent of 147 Acres and 24 Guntas and directed them to surrender the excess land in question vide its order dated 25.07.1977. This order came to be challenged by the Petitioner in W.P.No.19580-81/1979, which came to be transferred to the Land Reforms Appellate Authority on its constitution. Since the Authority was abolished, the Petitioner filed W.P.No.62472/2010 before this Court. This Court vide its order dated 18.10.2011, had reserved liberty to the Petitioner to file a civil petition seeking for transfer of proceedings from the Karnataka Land Reforms Appellate Authority. Thereafter, C.P.No.505/2012 came to be filed, which came to be renumbered as W.P.No.103302/2015, wherein vide order dated 03.01.2024, this Court by observing that the land is 'E' Class land, had remitted the matter to Respondent No.3-Assistant Commissioner for Fresh Consideration.
5. Even when the proceedings were pending, Respondent No.2-Deputy Commissioner, had recommended the allotment of land in question to third persons under Section 77(1) of the Act for agricultural purposes vide order dated 08.06.2007. Thereafter, the Petitioner had submitted an application for spot inspection to ascertain the status of possession.
6. The Revenue Inspector, having carried out the spot inspection and submitted a report dated 15.11.2024 stating that the land
