KRISHNA S/O PUNDALIK HANCHATE vs THE STATE OF KARNATAKA

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 9 DAY OF OCTOBER 2026

PRESENT

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

AND

THE HON'BLE MRS JUSTICE HEMA KULKARNI


WRIT PETITION NO.101833 OF 2025 (KLGP)

BETWEEN:

1. KRISHNA S/O. PUNDALIK HANCHATE
AGE: 44 YEARS, OCC: TYRE BUSINESS SHOP,
R/O. LOKAPUR, TQ: MUDHOL,
DIST: BAGALKOT-587122.

2. VINOD S/O. DADASAHEB GHORPADE
AGE: 47 YEARS, OCC: BUSINESS,
R/O. NEAR DYANESHWAR MATH,
TQ: MUDHOL, DIST: BAGALKOT-587122.

3. SJAMTAVVA W/O. YALLAPPA SANNANNAVAR
AGE: 80 YEARS, OCC: NOW NIL,
R/O. LOKAPUR, TQ: MUDHOL,
DIST: BAGALKOT-587122.

4. LOKANNA S/O. RACHAPPA DALAL
AGE: 60 YEARS, OCC: NOW NIL,
R/O. LOKAPUR, TQ: MUDHOL,
DIST: BAGALKOT-587122.










Digitally signed by
PRATIBHA M
PATIL
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
Date: 2026.10.15
14:30:07 +0530


5. SAYYADSAB S/O. HANIFSAB GUDAGI
AGE: NIL, OCC: NIL,
R/O. LOKAPUR, TQ: MUDHOL,
DIST: BAGALKOT-587122.

6. NINGAPPA S/O. GURUPADAPPA KASAR
AGE: 76 YEARS, OCC: HOTEL BUSINESS,
R/O. LOKAPUR, TQ: MUDHOL,
DIST: BAGALKOT-587122.

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7. RAFIQ MOHAMMADRAFIQ S/O. NABISAB DAFEDAR
AGE: 43 YEARS, OCC: MECHANIC,
R/O. RAFIQ SERVICE STATION, LOKAPUR,
TQ: MUDHOL, DIST: BAGALKOT-587122.

8. ASHOK S/O. SHANKRAPPA KRISHNAGOUDAR
AGE: 68 YEARS,
R/O. LOKAPUR, TQ: MUDHOL,
DIST: BAGALKOT-587122.

9. UMESH S/O. YALLAPPA GASTI
AGE: 47 YEARS, OCC: BUSINESS,
R/O. LOKAPUR, TQ: MUDHOL,
DIST: BAGALKOT-587122.

10. BASAVARAJ S/O. BABU SHETTER
AGE: 53 YEARS, OCC: TEA SHOP,
R/O. LOKAPUR, TQ: MUDHOL,
DIST: BAGALKOT-587122.

11. HAVANAPPA S/O. AVVANEPPA SAVASHI
AGE: NIL, OCC: NIL,
R/O. LOKAPUR, TQ: MUDHOL,
DIST: BAGALKOT-587122.

12. ADIVEPPA S/O. HANAMAPPA KRISHNAGOUDAR
AGE: 68 YEARS, OCC: BUSINESS,
R/O. SUBHAS NAGAR, LOKAPUR,
TQ: MUDHOL, DIST: BAGALKOT-587122.

13. GOVINDRAJ S/O. HANUMANTHGOWDA KHAJIDONI
AGE: 55 YEARS, OCC: BUSINESS,
R/O. LOKAPUR, TQ: MUDHOL,
DIST: BAGALKOT-587122.
14. VEENA W/O. MOHAN SONNAD
AGE: 47 YEARS, OCC: BUSINESS,
R/O. LOKAPUR, TQ: MUDHOL,
DIST: BAGALKOT-587122.

15. SHAVAKKA W/O. VENKAPPA PUJARI
AGE: 57 YEARS, OCC: NOW NIL,
R/O. JAADARARALIKATTI, AT/PO, VARCHAGAL,
TQ: MUDHOL, DIST: BAGALKOT-587122.

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16. SURESH S/O. NINGAYYA HIREMATH
AGE: 71 YEARS, OCC: BUSINESS,
R/O. OPPOSITE APMC, LOKAPUR,
TQ: MUDHOL, DIST: BAGALKOT-587122.

17. TIMMANNA S/O. HANAMAPPA SHIRABUR
(EX-ARMEY), AGE: 60 YEARS,
OCC: AUTOMOBILE BUSINESS,
R/O. LAXANHATTI VILLAGE,
TQ: MUDHOL, DIST: BAGALKOT-587123.

18. KAMALA W/O. KRISHNA @ KRISHAGOUDA PATIL
AGE: 55 YEARS, OCC: STATIONARY BUSINESS,
R/O. VENKATESHWAR NAGAR, KADARKOPPA ROAD,
LOKAPUR, R/O. LOKAPUR, TQ: MUDHOL,
DIST: BAGALKOT-587122.
…PETITIONERS
(BY SRI.S.S.PATIL AND M.R.PATIL, ADVOCATES)

AND:

1. THE STATE OF KARNATAKA
REP. BY REVENUE DEPARTMENT,
M.S BUILDING, BENGALURU-01.

2. THE DEPUTY COMMISSIONER
NAVANAGAR BAGALKOT,
TQ: AND DIST: BAGALKOT-587103.
3. THE ASSISTANT COMMISSIONER
JAMKHANDI, TQ. JAMKHANDI,
DIST: BAGALKOT-587301.

4. THE TAHSILDAR
MUDHOL, TQ: MUDHOL,
DIST: BAGALKOT-587119.

5. THE GRAM PANCHAYAT
LOKAPUR, TQ: MUDHOL,
DIST: BAGALKOT-587122.
…RESPONDENTS
(BY SRI.RAKESH M.BILKI, GOVT. ADVOCATE)

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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 AND QUASH THE ENTIRE PROCEEDINGS
PENDING ON THE FILE OF THE KARNATAKA LAND GRABBING
PROHIBITION ACT IN L.G.C. (G) NO. 12008/2021 IN RESPECT OF
PETITIONER NO. 1 PRODUCED AT ANNEXURE-H; L.G.C. (G) NO.
12023/2021 IN RESPECT OF PETITIONER NO. 2 PRODUCED AT
ANNEXURE-H1; L.G.C. (G) NO. 12020/2021 IN RESPECT OF
PETITIONER NO. 3 PRODUCED AT ANNEXURE-H2; L.G.C. (G) NO.
12025/2021 IN RESPECT OF PETITIONER NO. 4 PRODUCED AT
ANNEXURE-H3; L.G.C. (G) NO. 11973/2021 IN RESPECT OF
PETITIONER NO. 5 PRODUCED AT ANNEXURE-H4; L.G.C. (G) NO.
11987/2021 IN RESPECT OF PETITIONER NO. 6 PRODUCED AT
ANNEXURE-H5; L.G.C. (G) NO. 11978/2021 IN RESPECT OF
PETITIONER NO. 7 PRODUCED AT ANNEXURE-H6; L.G.C. (G) NO.
12018/2021 IN RESPECT OF PETITIONER NO. 8 PRODUCED AT
ANNEXURE-H7; L.G.C. (G) NO. 11991/2021 IN RESPECT OF
PETITIONER NO. 9 PRODUCED AT ANNEXURE-H8; L.G.C. (G) NO.
11977/2021 IN RESPECT OF PETITIONER NO. 10 PRODUCED AT
ANNEXURE-H9; L.G.C. (G) NO. 12024/2021 IN RESPECT OF
PETITIONER NO. 11 PRODUCED AT ANNEXURE-H10; L.G.C. (G) NO.
12031/2021 IN RESPECT OF PETITIONER NO. 12 PRODUCED AT
ANNEXURE-H11; L.G.C. (G) NO. 12008/2021 IN RESPECT OF
PETITIONER NO. 13 PRODUCED AT ANNEXURE-H12; L.G.C. (G) NO.
12009/2021 IN RESPECT OF PETITIONER NO. 14 PRODUCED AT
ANNEXURE-H13; L.G.C. (G) NO. 11999/2021 IN RESPECT OF
PETITIONER NO. 15 PRODUCED AT ANNEXURE-H14; L.G.C. (G) NO.
12030/2021 IN RESPECT OF PETITIONER NO. 16 PRODUCED AT
ANNEXURE-H15; L.G.C. (G) NO. 11993/2021 IN RESPECT OF
PETITIONER NO. 17 PRODUCED AT ANNEXURE-H16; L.G.C. (G) NO.
12000/2021 IN RESPECT OF PETITIONER NO. 18 PRODUCED AT
ANNEXURE-H17; AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
AND
HON'BLE MRS JUSTICE HEMA KULKARNI

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ORAL ORDER

(PER: HON'BLE MR. JUSTICE M.NAGAPRASANNA )

The petitioners are before the Court calling in question
the proceedings in LGC (G) No.12001/2021, LGC (G)
No.12023/2021, LGC (G) No.12020/2021, LGC (G)
No.12025/2021, LGC (G) No.11973/2021, LGC (G)
No.11987/2021, LGC (G) No.11978/2021, LGC (G)
No.12018/2021, LGC (G) No.11991/2021, LGC (G)
No.11977/2021, LGC (G) No.12024/2021, LGC (G)
No.12031/2021, LGC (G) No.12008/2021, LGC (G)
No.12009/2021, LGC (G) No.11999/2021, LGC (G)
No.12030/2021, LGC (G) No.11993/2021 and LGC (G)
No.12000/2021, before the Karnataka Land Grabbing
Prohibition Special Court, Bengaluru (Hereinafter referred to as
“the concerned Court” for short).

2. Heard the learned counsels Sri. S.S. Patil and
Sri. M.R. Patil appearing for the petitioners and learned
Government Advocate Sri. Rakesh M. Bilki appearing for
respondents No.1 to 5.

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3. The facts adumbrated are as follows:
3.1. The petitioners Nos.1 to 18 claim to be permanent
residents of Lokapur Village and are in possession of lands
measuring 1260, 346, 250, 650, 162, 702, 749, 306, 624, 276,
312, 250, 1449, 228, 85, 680, 311 and 1275 square feet,
respectively, situated in Survey No.145, measuring 3 acres in
th
total. On a particular report prepared by the 4 respondent-
Tahsildar, Mudhol Taluk, the proceedings are initiated by the
State before the concerned Court and the concerned Court has
now taken cognizance of the offence and has issued notice to
the respondents.

4. The submission of the learned counsel for the
petitioners that the report of the Tahsildar is drawn unilaterally
without even notice to the petitioners observing that the
petitioners in the case at hand are encroacher of government
land, we deem it appropriate to entertain the subject petition
even at the stage that the proceedings are before the
concerned Court.

5. The learned counsel for the petitioners submits that
the petitioners are in possession of the land as described in the

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petition for the last 40 years doing some petty business and his
business is now taken away by a stroke of pen by the Tahsildar,
who failed to even issue a notice and drop encroachment
allegation against the petitioners. The learned counsel submits
that the Tahsildar may be directed to issue notice and conduct
a joint inspection. He would further submit that the Deputy
Commissioner had in fact directed the Tahsildar to look up
whether the subject lands could be regularized in favour of
those occupants, who are in occupation for decades. Owing to
the said direction, several lands have been regularized, but it is
the petitioner’s land that has been subjected to discrimination.

6. In the light of the said submission, we deem it
appropriate to resolve the dispute for the present by directing
the Tahsildar of the jurisdiction, who has now placed a report
before the concerned Court holding that the petitioners are the
encroachers of the property, now conduct a joint inspection, in
the presence of the petitioners as to whether the encroachment
that the Tahsildar projects is in real time or otherwise.

7. On the report of the Tahsildar, the competent
authority, the Deputy Commissioner or otherwise shall look into

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the claim of the petitioners, as the Deputy Commissioner
himself has directed to look into the claims of the identical
persons whether the lands that they hold could be regularized
and some of the lands being regularized as well.

8. The report of the entire proceedings with regard to
joint inspection and passage of the orders by the competent
authority shall be concluded within three months from the date
of receipt of the copy of this order. Till such time, the
proceedings before the concerned Court shall remain stalled.

9. In the event the State could opine that they are
encroachers on cogent material, it is open for them to place it
before the concerned Court and the concerned Court would be
at liberty to restart the proceedings on the basis of the said
report.

10. For the aforesaid reasons, the following:

ORDER

i) The petition stands disposed .

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ii) The proceedings before the concerned
Court shall remain stayed in the light of
the observations made in the course of
the order.

iii) The Tahsildar of the jurisdiction shall
conduct a joint inspection as observed in
the course of the order.

iv) The competent authority shall also
consider the claim of the petitioners, as
identically placed persons have been
granted the benefit of regularization of
their lands.

v) In the event all these would go against
the petitioner, the same shall be placed
before the concerned Court and the
concerned Court is at liberty to restart the
proceedings in accordance with law.

vi) The orders, if any, are prejudicial to the
interests of the petitioners, the petitioners

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are at liberty to knock at the doors of the
appropriate forum in an appropriate
proceeding.



Sd/-
(M.NAGAPRASANNA)
JUDGE


Sd/-
(HEMA KULKARNI)
JUDGE

PMP
CT:VH
List No.: 1 Sl No.: 41