IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27^TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS JUSTICE GEETHA K.B.

WRIT APPEAL NO.100222 OF 2025 (KLR-RR/SUR)

BETWEEN:

1. THE STATE OF KARNATAKA, R/BY SECRETARY, DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS, REVENUE BUILDING, K.R. CIRCLE, NUNEGUNDLAPALLI, AMBEDKAR VEEDHI, BENGALURU, KARNATAKA -560001. 2. THE DEPUTY COMMISSIONER, BELAGAVI, COURT COMPOUND, BELAGAVI-590001.

3. THE TAHASILDAR AND TALUK EXECUTIVE Digitally signed by VIJAYALAKSHMI M MAGISTRATE, BELAGAVI-OLD CITY KANKUPPI CORPORATION OFFICE, SWAMI VIVEKANAND Location: HIGH COURT OF MARG, RISALDAR GALLI, BELAGAVI, KARNATAKA KARNATAKA-590001.

4. THE DEPUTY DIRECTOR OF LAND RECORD, BELAGAVI, DC COMPOUND, BELAGAVI -590001.

5. THE ASSISTANT DIRECTOR OF LAND RECORDS, BELAGAVI AND CITY SURVEY, DC COMPOUND, BELAGAVI-590001.

6. THE CITY SURVEY OFFICER, THE ASSISTANT DIRECTOR OF LAND RECORD, BELAGAVI AND CITY SURVEY, DC COMPOUND, BELAGAVI-590001.

…APPELLANTS (BY SRI. GANGADHAR J.M., ADDL. ADVOCATE GENERAL FOR SRI. SHARAD V.MAGADUM, ADDL. GOVT. ADVOCATE)

AND:

NITAY S/O. GOPAL BABSHET, PLOT NO.110, SHANTI NAGAR, TILAKWADI, BELAGAVI-590006.

…RESPONDENT (BY SRI. VITTAL S.TELI, ADVOCATE)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO (A) ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 19-12- 2023 IN W.P.NO.107757/2023 PASSED BY THE LEARNED SINGLE JUDGE IN THE INTEREST OF JUSTICE AND EQUITY. (B) GRANT SUCH OTHER RELIEFS WITHIN HON’BLE COURT DEEM FIT THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. For the reasons stated in the application, I.A.No.3/2025, the same is allowed, and the delay of 71 days in filing the appeal is condoned.

2. The appellants [State] have filed the present appeal impugning an order dated 19.12.2023 [impugned order] passed by the learned Single Judge in W.P.No.107757/2023 (KLR-RR/SUR). The said writ petition was disposed of, inter alia, with the following observations:

“The land bearing R.S.No.120/1 measuring 33 guntas and R.S.No.120/3 measuring 1 acre 5 guntas of Belagavi should be deemed to be non-agricultural land and a direction is issued to respondents No.5 and 6 to make necessary entries in the property records pertaining to the said lands as required under the provisions of the Karnataka Land Revenue Rules. The petitioner’s name shall be entered in the said records within an outer limit of

8 months from the date of receipt of copy of this order.”

3. The State takes exception to the proposition that all lands which fall within the municipal limits are necessarily deemed to be non-agricultural lands.

4. We note that the impugned order does not contain any specific reason in support of the said proposition; it is premised on the basis that the issues involved are covered by the judgment of this court in W.P.No.103775/2023 (KLR-RES). A copy of the said judgment is produced on record, and the same indicates that it too is based on the earlier decisions of this Court in Sri Devaraj S/o Bhimappa Kambali Vs. State of Karnataka and another, W.P.No.148065/2020 and Sri Annappa Nagappa Vernekar and another Vs. Deputy Director of Lands, Belagavi and another, W.P.No.105093/2021

5. These orders have been placed on record. The order dated 04.03.2021 passed in Sri Devaraj S/o Bhimappa Kambali vs State of Karnataka, W.P.No.148065/2020 (KLR-CON), indicates that the same is premised on the decision of this Court in Sri Annappa Nagappa Vernekar, which was disposed of by an order dated 21.02.2018. The court also noted that the said decision was confirmed by the Division Bench of this court in W.A.No.100124/2018 (GM-RES). Further, the Supreme Court had confirm