IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10^TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100162 OF 2026 (KLR-RES)

BETWEEN:

SMT. NILAMMA W/O. KAMALAPPA JALIHAL HOLAGERA, AGE: 51 YEARS, OCC: HOUSEHOLD WORK, R/O. HOOLAGERI, WARD NO.1, TQ: KUSHTAGI, DIST: KOPPAL-583227.

…PETITIONER (BY SRI. V.S.KALASURMATH, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU-01.

2. THE DEPUTY COMMISSIONER KOPPAL, DIST: KOPPAL-583236.

3. THE ASSISTANT COMMISSIONER KOPPAL, DIST: KOPPAL-583236.

MANJAND by iNg M ita A Al N ly J A si N gn N e A d 4. THE TAHASILDAR, KUSHTAGI, E E Location: HIGH TQ: KUSHTAGI, DIST: KOPPAL-583227.

MANJANNA COURT OF ED E igitally signed by MK DANA HJRAANN RNA WAT A A D KA L K o A c R a N ti A on T : A H K I A G D H H C A O R U W RB DA TE aD Ot N eFC : H 5. SHRI. MANJUNATH Y. BADDI PARISARAVADI BENCH 2026.02.19 D + a 0 t 5 e 3 : 0 2026.02.19 14:5124:5:553:22 +0530 AND RTI KARYAKARTARU, LINGARAJ NAGAR (NORTH), UNKAL CROSS, HUBBALLI-580031.

…RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA FOR R1 TO R4;

NOTICE TO R5 IS SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY THE RESPONENT NO.3/ASSISTANT COMMISSIONER, KOPPAL BEARING NO.KAM/ENAM/09/2025-26 DATED 11.12.2025, VIDE ANNEXURE-A; AND ETC.

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

CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

ORAL ORDER

1. The petitioner has approached this Court seeking to quash the order dated 11.12.2025 passed by the Assistant Commissioner in proceedings bearing No.KAM/ENAM/09/2025-26 (Annexure-A), whereby the Assistant Commissioner, on the basis of the representation submitted by respondent No.5, has held that the petitioner has violated the conditions of the grant order in respect of land bearing Survey Nos.126/*/2, 126/*/3 and 126/*/4 situated at Hanumasagar Hobli, Hoolageri Village, Kushtagi Taluk, Koppal District (‘subject lands’ for short).

2. Brief facts of the case:

2.1. The subject lands originally stood as inam lands and were re-granted by order dated 24.06.2002, followed by mutation entries being effected in the revenue records.

2.2. After the re-grant, permission to alienate the lands was granted by the jurisdictional Tahsildar on 02.08.2006. Pursuant thereto, the petitioner purchased the lands under a registered sale deed dated 27.03.2008, and her name was duly mutated in the revenue records.

2.3. Subsequently, during the year 2020–2021, the petitioner obtained conversion orders for non- agricultural purposes from the competent authority.

2.4. It is further stated that the re-grant order dated

24.06.2002 was challenged by the original grantee in appeal and revision, which came to be dismissed in the year 2022, thereby confirming the validity of the re-grant order.

2.5. It is stated that, thereafter, on the basis of a representation submitted by respondent No.5, the Assistant Commissioner initiated suo motu proceedings and passed the impugned order dated 11.12.2025 holding that there was violation of the conditions of grant, which is now assailed before this Court in the present petition.

3. Contention of the petitioner:

3.1. Learned counsel appearing for the petitioner, drawing the attention of this Court to Rules 7, 9 and 25 of the Karnataka Land Grant Rules, 1969 (hereinafter referred to as “the Grant Rules”, for short), submits that the Assistant Commissioner lacked jurisdiction to initiate the proceedings under the Grant Rules.

3.2. It is contended that the proceedings were initiated solely on the basis of a third-party representation, without any complaint from the original grantee or re-grantee, and without following the mandatory statutory provision.

3.3. It is further submitted that, once the land is validly re-granted and the period of non- alienatio