IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11^TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.101074 OF 2026 (KLR-RES)

BETWEEN:

SHARANAPPA S/O. PORAPPA, SINCE DECEASED BY HIS LR’S.

1. SRI. SHANMUKHAPPA S/O. SAHARANAPPA J., AGE: 60 YEARS, OCC: AGRICULTURE, 2. SHIVAPPA S/O. SHARANAPPA, AGE: 58 YEARS, OCC: AGRICULTURE, ESHWAR S/O. PORAPPA, SINCE DECEASED BY HIS LR’S.

3. SHIVAMURTHY S/O. ESWAR, MANJANNA E AGE: 58 YEARS, OCC: AGRICULTURE, Digitally signed by MANJANNA E Location: HIGH C KA O R U N R A T T O A F KA ALL ARE R/AT. WARD NO.2, DHARWAD BENCH DHARWAD JUMMA MASJID, SUSHILANAGAR, TQ: SANDUR, DIST: BALLARI-583119.

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

AND:

1. THE STATE OF KARNATAKA, R/BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, VIDHANA SOUDHA, BENGALURU-01.

2. THE REGIONAL COMMISSIONER, KALABURAGI, DIST: KALABURAGI-585101.

3. THE DEPUTY COMMISSIONER, BALLARI, DIST: BALLARI-583119.

4. THE ASSISTANT COMMISSIONER AND SURVEY SETTLEMENT OFFICER, OFFICE OF THE ASSISTANT COMMISSIONER, DIST: BALLARI-583119.

5. THE TAHASILDAR, SANDUR, DIST: BALLARI-583119.

…RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA)

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 RESPONDENT NO.4 DATED 23.03.2023 BEARING £ÀA/PÀA/¸ÀªÉÃð ¸Él¯ïªÉÄAmï/08/2022-23, VIDE ANNEXURE-A AND CONSEQUENTLY COMMUNICATION BEARING NO. KAM/SETTLEMENT/REGULAR APPEAL/79/2024, DATED 23.09.2024 VIDE ANNEXURE-B, IN RESPECT OF SY.NO.137/P9 AND ETC.

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

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

ORAL ORDER

1. The petitioners, being the legal representative of late Sharanappa, Kumaragouda and Eswarappa, have called in question the legality and correctness of the order dated 23.03.2023 passed by the Assistant Commissioner and Survey Settlement Officer, Ballari, bearing No.Kam/SurveySettlement/ 08/ 2022-23 (Annexure-A), whereby the name of the petitioners’ predecessor-in-interest has been deleted from the Record of Rights and the name of ‘Gudda (B Kharab)’ has been entered, followed by consequential mutation.

2. Heard learned counsel for the petitioners and the learned Additional Government Advocate for the respondents-State.

3. The land bearing Sy.No.5, out of which, 137/P9 measuring 10 acres, situated at Sushilanagar, Sanduru Taluk, was granted in favour of the predecessor-in-interest of the petitioners by conferring occupancy rights by the Land Tribunal vide order dated 28.09.1981, and the names of the petitioners’ predecessor-in-interest was duly entered in the Record of Rights. The family has been in lawful possession and enjoyment of the said land ever since. Pursuant thereto, Form No.2 was issued. It is the case of the petitioners that, without issuing any notice to them and without conducting any enquiry as contemplated under law, the Assistant Commissioner and Survey Settlement Officer, Ballari, initiated proceedings and passed the impugned order dated 23.03.2023.

4. Aggrieved by the unilateral alteration made by the revenue authorities, affecting the settled rights flowing from the grant of tenancy, the petitioners have approached this Court by way of the present writ petition.

5. Learned counsel appearing for the petitioners contends that the impugned order dated 23.03.2023 is wholly illegal and without jurisdiction, inasmuch as the Assistant Commissioner and the Survey Settlement Officer, Ballari, have altered the classification and revenue entries of the subject land without following the mandatory procedure prescribed under Section 118 to 121 of the Karnataka Land Revenue Act, 1964 (for short ‘KLR Act’). It is contended that the petitioners’ predecessor-in-interest was granted tenancy and occupancy rights as early as in the year 1981. Pursuant thereto, their names were duly entered in the Record of Rights and