IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26^TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.106550 OF 2023 (KLR-RR/SUR)

BETWEEN:

SRI. S.SHRIDHAR REDDY S/O. R. SHIVANNA REDDY, AGE. 58 YEARS, OCC: BUSINESS, R/O. “MATHRU CHAYA”, 10^TH CROSS, KALYAN NAGAR-NIRMALA NAGAR, DHARWAD-580003.

…PETITIONER (BY SRI. J.S.SHETTY, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU-560001.

2. THE DEPUTY COMMISSIONER DHARWAD DISTRICT. DHARWAD-580001.

VI SHAL NINGAPPA

3. THE ASSISTANT COMMISSIONER PATTIHAL DHARWAD, DISTRICT. DHARWAD-580001.

Digitally signed by VISHAL 4. THE TAHSILDAR NINGAPPA PATTIHAL Location: HIGH COURT OF KARNATAKA DHARWAD TALUK, DHARWAD BENCH Date: 2026.03.03 10:29:07 DISTRICT. DHARWAD-580001.

+0530

5. THE ASSISTANT DIECTOR OF LAND RECORDS DHARWAD, DISTRICT. DHARWAD-580001.

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

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER IN LND/C.R/126/2010-11, PASSED BY THE THIRD RESPONDENT ASSISTANT COMMISSIONER, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-A, IN SO FOR AS IT RELATES TO PETITIONERS LAND BEARING SY.NO.78/P1 (WHICH FORMS PART OF EARLIER SY.NO.78), OF ATTIKOLLA VILLAGE, DHARWAD TALUK; 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 24.05.2011 passed by the Assistant Commissioner, whereby the land bearing Survey No.78/P1 earlier Survey No.78 (measuring 1 acre 29 gunta) situated at Attikolla Village, Dharwad Taluk has been declared as a ‘B Kharab’ land. Consequently, direction has been issued to the Tahasildar to make necessary entries in the revenue records.

2. Brief facts:

The petitioner claims to be the absolute owner in possession of land bearing Survey No.78/P1 measuring 1 acre 29 guntas, purchased under a registered sale deed dated 20.10.2008 (Annexure-B). The earlier ownership traces back to Fakirappa and thereafter to his legal representatives, whose names are entered in the revenue records (Annexures-E and F). After purchase, the petitioner name was mutated in the revenue records (Annexure-G). The petitioner had applied for conversion of land for educational purpose. The Assistant Commissioner earlier passed an order dated 24.05.2011 directing entry in column No.11 treating the land as ‘B Kharab’. The said order was challenged in W.P. No.67946/2011 and this Court set-aside the order and remanded the matter for fresh consideration after affording opportunity of hearing. After remand, based on the report of the Assistant Director of Land Records (for short ‘ADLR’), the Assistant Commissioner has again declared the land as ‘B Kharab’ without furnishing the report to the petitioner and without proper hearing. It is stated that their land was always being assessed to land revenue. It is ownership land and not reserved for any public purpose and under Rule 21 (2) of the Karnataka Land Revenue Rules, 1966 (for short ‘Rules, 1966’), phot Kharab land must fall under specific categories, which the land in question does not satisfy.

3. Learned counsel for the petitioner submits that the Assistant Commissioner has no power under Section 136(2) of the Karnataka Land Revenue Act to unilaterally declare ownership of land as ‘B Kharab’. The order is without jurisdiction and contrary to Rule 21 of the Rules, 1966. It is submitted that the land has been assessed to revenue and hence, it cannot be categorized as ‘B Kharab’. It is further submitted that the report submitted by the ADLR in its descriptive portion states that the land does not fall under the category of ‘B Kharab’ and this aspect was not considered by the Assistant Commissioner in its proper perspective.

4. Learned Additional Government Adv