SURESH S/O GIRIMALLAPPA JAMBAGI vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:16409
WP No. 101977 of 2025
CNR: KAHC020065522025
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
ST
DATED THIS THE 1 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 101977 OF 2025 (KLR-RES)
BETWEEN:
SURESH S/O GIRIMALLAPPA JAMBAGI,
AGE. 46 YEARS, OCC. AGRICULTURE,
R/O. MUGHALKHOD, TQ. RAIBAG,
DIST. BELAGAVI- 591235.
…PETITIONER
(BY SRI. GIRISH A. YADAWAD, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
MS BUILDING, BENGALURU-01.
2. THE ASSISTANT COMMISSIONER,
JAMKHANDI,
DIST: BAGALKOT- 587 301.
3. THE TAHASILDAR,
RABKAVI-BANAHATTI,
TQ: RABKAVI-BANAHATTI,
DIST: BAGALKOT- 587 311.
4. THE ASSISTANT DIRECTOR OF LAND RECORDS,
JAMKHANDI,
DIST: BAGALKOT- 587 301.
5. THE TALUKA SURVEYOR,
RABKAVI-BANAHATTI,
TQ: RABKAVI-BANAHATTI,
DIST: BAGALKOT- 587 311.
Digitally signed by
SAROJA
HANGARAKI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
Date: 2026.10.12
16:20:45 +0530
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WP No. 101977 of 2025
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6. THE REVENUE INSPECTOR,
TERDAL, TQ: RABKAVI-BANAHATTI,
DIST: BAGALKOT- 587 311.
7. MALAPPA MARTAND PUJARI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: TERDAL, TQ: RABKAVI-BANAHATTI,
DIST: BAGALKOT- 587 315.
8. APPASABA LAXMAN TALLI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: TERDAL, TQ: RABKAVI-BANAHATTI,
DIST: BAGALKOT- 587 315.
9. SHIDRAM SATHYAPPA ALAGUR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: TERDAL, TQ: RABKAVI-BANAHATTI,
DIST: BAGALKOT- 587 311, 587 315.
10. PARASHURAM DURGAPPA GADIVADDAR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: TERDAL, TQ: RABKAVI-BANAHATTI,
DIST: BAGALKOT- 587 315.
11. RAVI BALAPPA MUKUNDA,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: TERDAL, TQ: RABKAVI-BANAHATTI,
DIST: BAGALKOT- 587 315.
12. SURESH SHIDALINGAPPA PURANIK,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: TERDAL, TQ: RABKAVI-BANAHATTI,
DIST: BAGALKOT- 587 315.
…RESPONDENTS
(BY SRI. PRASHANTH V. MOGALI, HCGP FOR R1 TO R6;
SRI. JAGADISH PATIL, ADVOCATE FOR R7 TO R12)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT OF
CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 09.01.2023
PASSED BY RESPONDENT NO. 2 IN NO/R.T.C/CR-1082/2022-23 VIDE
ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
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HC-KAR
NC: 2026:KHC-D:16409
WP No. 101977 of 2025
CNR: KAHC020065522025
ORAL ORDER
1. The petitioner, who claims to be the owner in possession of
land measuring 2 acres 28 guntas situated in R.S.No.287/2
of Terdal Village, which is now reassigned as
R.S.No.287/11, having purchased the same under the sale
deed dated 22.02.2017, is before this Court being
aggrieved by the order dated 09.01.2023 as per
Annexure-F passed by respondent No.2-Assistant
Commissioner, directing rectification of the measurement
of the said land in the revenue records.
2. Learned ccounsel for the petitioner submits that the
petitioner purchased the said extent of 2 acres 28 guntas
of land in Sy.No.287/2 in terms of deed of sale dated
22.02.2017 produced at Annexure-A. The said
measurement is reflected in all the revenue records.
However, private respondent Nos.7 to 12 had made an
application to the Tahasildar for rectification of the
measurement, which the Tahasildar, respondent No.3 by
endorsement dated 28.11.2022 as per Annexure-C
declined the application, stating that such an application
cannot be entertained at the instance of a stranger.
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3. Being aggrieved by the said endorsement, respondent
Nos.7 to 12 preferred an appeal under Section 49 of the
Karnataka Land Revenue Act before the Assistant
Commissioner, who by the impugned order has directed
rectification of the measurement.
4. That even in the appeal memo as per Annexure-E at
paragraph IV, the private respondents specifically averred
that the petitioner herein being the absolute owner of the
land bearing Sy.No.287/2 of Terdal Village, yet they have
not made petitioners a party to the said appeal, knowing
fully well that any changes in the measurement would
adversely affect the property right of the petitioner over
the land.
5. That the respondent No-2-Assistnat Commissioner, who is
vested with the statutory powers to adjudicate upon the
issue, was also required to ensure that the petitioner was
given opportunity of being heard. That the impugned
order, thus suffers from gross violation of principle of
natural justice, intending to take away the right title and
interest of the petitioner in respect of immovable property
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without even being heard or without going through the due
process of law. Hence, seeks for allowing the petition.
6. Learned HCGP submitted that the order passed by the
Assistant Commissioner is only for rectification of the
measurement of the land based on the revenue records
and the report and therefore no fault can be found with the
Assistant Commissioner directing rectification of the
revenue records, which he is vested with such powers. He
also points out that the Assistant Commissioner has taken
note of the fact that notice was required to be issued to
the owner of the land. Therefore, he submits if the matter
is remanded, the claim of the petitioner under the sale
deed will be considered in accordance with law.
7. The said submission is supplemented by learned counsel
for private respondent Nos.7 to 12.
8. Heard. Perused the records.
9. Deed of sale at Annexure-A, under which the petitioner
claims to have purchased the property, indicates the
extent of the land as 2 acres 28 guntas in Sy.No.287/2.
The Tahasildar in his endorsement produced at
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WP No. 101977 of 2025
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Annexure-C, has also opined that the petitioner being in
possession of the land measuring 2 acre 28 guntas and
that the request of the private respondent for alteration
could not be granted in the absence of the petitioner.
10. Despite the same, that the private respondent Nos.7 to 12
have proceeded to file an appeal against the endorsement
issued by the Tahasildar before the Assistant
Commissioner without making the petitioner herein as a
party. Though as pointed out by the counsel for the
petitioner at paragraph No.IV of the appeal memo, the
private respondent had indeed made a mention about the
petitioner being the absolute owner of the land in
Sy.No.287/2, and though the Assistant Commissioner,
though in the impugned order has taken note of
requirement of issuance of notice to the petitioner, has not
taken any such steps.
11. Petitioner has, thus made out a case for interference,
inasmuch as the impugned order causing reduction of
extent of land of the petitioner has been passed without
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any notice or without hearing the petitioner, thereby
violating the principles of natural justice.
allowed
12. Accordingly, petition is .
13. The impugned order dated 09.01.2023 as per Annexure-F
passed by the respondent No.2-Assistant Commissioner is
hereby quashed.
14. The matter is remitted to respondent No.2-Assistant
Commissioner for fresh consideration in accordance with
law.
15. The respondent Nos.7 to 12 shall make the petitioner as a
party to the appeal filed by them before the Assistant
Commissioner.
16. Since the parties are represented by their respective
counsel, they shall appear before the Assistant
Commissioner on 06.11.2026 , who shall thereafter
proceed with the matter of hearing to all the parties and
pass appropriate orders in accordance with law.
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HC-KAR
NC: 2026:KHC-D:16409
WP No. 101977 of 2025
CNR: KAHC020065522025
17. The entries in the revenue records will be restored as
existing prior to the passing of the impugned order dated
09.01.2023.
Sd/-
(M.G.S. KAMAL)
JUDGE
RHR/-
List No.: 1 Sl No.: 29