IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 26^TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY

WRIT PETITION NO. 113700/2015 (KLR-RR/SUR)

BETWEEN:

1.

UMASHANKAR LONEKAR

SINCE DECEASED REP. BY HIS SON LR.

BASAVARAJ UMASHANKAR LONEKAR

AGE:64 YEARS, OCC:AGRL/BUSINESS

R/O:DHARWAD, DHARWAD

2.

KRISHNARAO GADAGKAR

SINCE DECEASED REP BY HIS SON LR

NARSIMHRAO KRISHNARAO GADAGKAR

AGE:57 YEARS, OCC:AGRL/BUSINESS

R/O:SAPTAPUR, DHARWAD

DIST:DHARWAD

3.

JYOTIPRAKASH S/O MALLIKARJUN SULTAN PURI

AGE:40 YEARS, OCC:AGRL/DOCTOR

R/O:DHARWAD, DIST:DHARWAD

...PETITIONERS

(BY SRI. F. V. PATIL, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

REP. BY ITS PRINCIPAL SECRETARY

DEPARTMENT OF REVENUE

2

VIDHANA SOUDHA

BENGALURU.

2.

DEPUTY COMMISSIONER

DHARWAD, DIST:DHARWAD

3.

ASSISTANT COMMISSIONER

SUB DIVISION, DHARWAD

DIST:DHARWAD

4.

THE TAHASILDAR

DHARWAD, DIST:DHARWAD

…RESPONDENTS

(BY SRI. H. K. BASAVARAJ, AGA FOR 1 TO R4)

---

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO

A. DECLARE THAT THE CIRCULAR DATED:04.10.2010,

BEARING NO.RD 36 LGP 2010 ISSUED BY THE 1st

RESPONDENT UNDER RULE 21(2) OF THE KARNATAKA

LAND REVENUE RULES 1966, VIDE ANNEXURE-P HAS NO

APPLICATION TO THE LAND BEARING SY.NO.81A/4 HELD

BY THE PETITIONERS TO THE EXTENT OF 3 ACRES 22

GUNTAS.

B. QUASH THE IMPUGNED ORDER/SCHEDULE ATTACHED

TO

THE

ORDER

DATED:24.05.2011,

BEARING

NO.LND/CR/126/2010-11 VIDE ANNEXURE-N, ISSUED BY

RESPONDENT

NO.3,

SO

FAR

AS

IT

RELATES

TO

SY.NO.81A/4 TO THE EXTENT OF 3 ACRES 22 GUNTAS

SITUATED

AT

HATTIKOLLA

VILLAGE,

TALUKA

AND

DISTRICT DHARWAD.

C. QUASH THE IMPUGNED ORDER DATED:03.06.2015,

PASSED

BY

THE

RESPONDENT

NO.4/TAHASILDAR,

DHARWAD VIDE ANNEXURE-M.

3

THIS PETITION COMING ON FOR PRELIMINARY HEARING

‘B’ GROUP THIS DAY, THIS COURT MADE THE FOLLOWING:

ORDER

The petitioners are before this Court in the

present writ petition seeking for the following reliefs:

A. Declare that the circular dated:04.10.2010,

bearing No.RD 36 LGP 2010 issued by the 1st

respondent under Rule 21(2) of the Karnataka

Land Revenue Rules 1966, vide Annexure-P has no

application to the land bearing Sy.No.81A/4 held

by the petitioners to the extent of 3 acres 22

guntas.

B. Issue Writ in the nature of Certiorari quashing

the impugned order/Schedule attached to the

order

dated:24.05.2011,

bearing

no.LND/CR/126/2010-11 vide Annexure-N, issued

by Respondent No.3, so far as it relates to

Sy.No.81A/4 to the extent of 3 acres 22 guntas

situated at Hattikolla Village, Taluka and District

Dharwad.

c. Issue Writ in the nature of certiorari quashing

the impugned order dated:03.06.2015, bearing

4

No.HD.Viva/98/14-15 passed by the respondent

no.4/Tahasildar, Dharwad vide Annexure-M.

2.

It

is

the

case

of

the

petitioners

that,

petitioners No.1 and 2 have purchased totally an extent

of 28 acres 14 guntas of land in survey No.81A/1/2 and

81A/1/3,

under

two

separate

sale

deeds

dated

15.04.1964 and 15.02.1965. Petitioners No.1 and 2, on

various dates, have sold a total extent of 24 acres 32

guntas and balance to the extent of 3 acres 22 guntas

is still remaining with the petitioners No.1 and 2, in

survey No.81A/4 of Hattikola Village, Dharwad.

3.

Learned counsel for the petitioners submits

that, pursuant to a general notification issued by

respondent

No.1,

the

Assistant

Commissioner

has

passed an order on 24.05.2011, vide Annexure-N,

including the land bearing survey No.81 of Hattikolla

Village, to the total extent of 386 acres 13 guntas,

which includes the land of the petitioners herein,

bearing Survey No.81A/4, measuring 3 acres 22 guntas.

5

He submits that, having regard to the said order, the

petitioners’ application for change of revenue entries in

respect of the aforesaid land in the name of the