IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25^TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 101684 OF 2026 (KLR-RR/SUR)

BETWEEN:

NAYAKARA BHARAMAPPA S/O. OBANNA, SINCE DECEASED BY HIS LR’S SRI. THIPPE SWAMY S/O. BHARAMAPPA, AGE: 51 YEARS, OCC: AGRICULTURE, R/AT. # 203, BEHIND JUMMA MASJID, SUSHEELANAGAR, TQ: SANDUR, DIST: BALLARI-583119.

…PETITIONER (BY SRI. KALASURMATH VIJAY SHIVAYYA, ADVOCATE)

AND:

MANJANNA E 1. THE STATE OF KARNATAKA, R/BY ITS PRINCIPAL SECRETARY, Digitally signed by MANJANNA E DEPARTMENT OF REVENUE, Location: HIGH COURT OF KARNATAKA DHARWAD BENCH M.S. BUILDING, Date: 2026.02.27 17:05:33 +0530 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 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 NO/KAM/SURVEY SETTLEMENT/08/2022- 23 VIDE ANNEXURE-A IN RESPECT OF SY.NO.5 OUT OF WHICH SY.NO.137(P)17 MEASURING 5 ACRES IS CONCERNED 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, being the legal representative of late Bharamappa Nayakara, S/o Obanna, has 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 petitioner’s predecessor-in-interest has been deleted from the Record of Rights and the name of ‘Gudda (B Khata)’ has been entered, followed by consequential mutation.

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

3. The land bearing Sy.No.137(P)/17, measuring 5 acres, situated at Susheelanagar, Sandur Taluk, was granted in favour of the predecessor-in-interest of the petitioner by conferring occupancy rights by the Land Tribunal vide order dated 28.09.1981, and the name of the petitioner’s predecessor-in-interest was duly entered in the Record of Rights. His 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 petitioner 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 petitioner has approached this Court by way of the present writ petition.

5. Learned counsel appearing for the petitioner 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 petitioner’s predecessor-in-interest was granted tenancy and occupancy rights as early as in the year 1981. Pursuant thereto, his name was duly entered in the Record of Rights and continued to remain therein. It is submitted that no notice was issued, no enquiry was conducted, and no opportunity of hearing was afforded to the petitioner before deleting the existing entries and describing the land as ‘Gudda (B Kha