- 1 - HC-KAR NC: 2025:KHC-K:3914 WP No. 201744 of 2021 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 201744 OF 2021 (LR) BETWEEN: 1. SMT. ANEES FATHIMA AND ORS W/O LATE MOHAMMED HANIF, AGED 65 YEARS, OC.HOUSEHOLD, R/O I.B.ROAD, NEAR RAILWAY STATION, KALABURAGI-585102. 2. MAHBOOB ZAFAR S/O LATE MOHAMMED HANIF, AGED 37 YEARS, OCC.BUSINESS, R/O I.B.ROAD, NEAR RAILWAY STATION, KALABURAGI – 585 102. 3. AYESHA D/O LATE MOHAMMED HANEEF AGED 34 YEARS, OCC.HOUSEHOLD, R/O I.B. ROAD, NEAR RAILWAY STATION, KALABURAGI - 585 102. …PETITIONERS (BY SRI. AMEET KUMAR DESHPANDE, SENIOR ADVOCATE FOR SRI. GANESH SUBHASH CHANDRA KALABURAGI, ADVOCATE) AND: 1. STATE OF KARNATAKA AND ORS REPRESENTED BY THE PRL.SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER MINI VIDHANA SOUDHA, KALABURAGI – 585 101. Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3914 WP No. 201744 of 2021 3. THE LAND TRIBUNAL KALABURAGI, REPRESENTED BY ITS SECRETARY (THASILDAR KALABURAGI) JAGAT CIRCLE, KALABURAGI-585 101. 4. THE ASSISTANT COMMISSIONER KALABURAGI, CHAIRMAN LAND TRIBUNAL KALABURAGI, JAGAT CIRCLE, KALABURAGI – 585 102. 5. ZEENAT BI D/O MOHAMMED IBHRAHIM AGE 48 YEARS, OCC.HOUSEHOLD, R/O MANIYAR COMPOUND, I.B.ROAD, NEAR V.G. WOMENS COLLEGE, KALABURAGI – 585 102. 6. SYED D/O MOHAMMED IBRAHIM AGE 56 YEARS, OCC.BUSINESS, R/O SAIDUMIYA COMPOUND, NEAR RAILWAY STATION, STATION BAZAR, KALABURAGI – 585 102. 7. QUYYAM S/O MOHAMMED IBRAHIM AGE 53 YEARS, OCC.BUSINESS, R/O MANIYAR COMPOUND, I.B.ROAD, NEAR V.G. WOMENS COLLEGE, KALABURAGI – 585 102. 8. ALTAF S/O MASUM BI AGED ABOUT 35 YEARS, OCC.BUSINESS, R/O AFZALPUR, TQ.AFZALPUR, DIST.KALABURAGI – 585 301. 9. AHMEED S/O MASUM BI AGED ABOUT 30 YEARS, OCC.BUSINESS, R/O AFZALPUR, TQ.AFZALPUR, DIST.KALABURAGI-585 301. 10. ANWAR S/O MASUM BI AGED ABOUT 25 YEARS, OCC.BUSINESS, R/O AFZALPUR, TQ.AFZALPUR, DIST.KALABURAGI – 585 301. - 3 - HC-KAR NC: 2025:KHC-K:3914 WP No. 201744 of 2021 11. ANEESA D/O MASUM BI AGED ABOUT 33 YEARS, OCC.HOUSEHOLD, R/O AFZALPUR, TQ.AFZALPUR, DIST.KALABURAGI – 585 301. 12. KHNEESA D/O MASUM BI AGED ABOUT 22 YEARS, OCC. HOUSEHOLD, R/O AFZALPUR, TQ.AFZALPUR, DIST.KALABURAGI – 585 301. 13. RAEESA D/O MASUM BI AGED ABOUT 20 YEARS, OCC. HOUSEHOLD, R/O AFZALPUR, TQ.AFZALPUR, DIST.KALABURAGI – 585 301. 14. RUKMODDIN S/O SAIFAN SAB AGED ABOUT 31 YEARS, OCC.BUSINESS, R/O MANIYAR COMPOUND, I.B.ROAD, NEAR V.G. WOMENS COLLEGE, KALABURAGI – 585 102. 15. SADDAM S/O SAIFAN SAB AGED ABOUT 27 YEARS, OCC. BUSINESS, R/O. MANIYAR COMPOUND, I.B. ROAD, NEAR V.G. WOMENS COLLEGE, KALABURAGI – 585 102. 16. SULTAN S/O SAIFAN SAB AGED ABOUT 25 YEARS, OCC. BUSINESS, R/O. MANIYAR COMPOUND, I.B. ROAD, NEAR V.G. WOMENS COLLEGE, KALABURAGI – 585 102. 17. SHARFODDIN S/O SAIFAN SAB AGED ABOUT 31 YEARS, OCC. BUSINESS, R/O. MANIYAR COMPOUND, I.B. ROAD, NEAR V.G. WOMENS COLLEGE, KALABURAGI - 585 102. - 4 - HC-KAR NC: 2025:KHC-K:3914 WP No. 201744 of 2021 18. ASMA W/O ALTAF D/O SAIFAN SAB AGED ABOUT 33 YEARS, OCC. HOUSEHOLD, R/O. MANIYAR COMPOUND, I.B. ROAD, NEAR V.G. WOMENS COLLEGE, KALABURAGI – 585 102. 19. ASHA W/O ZAMEER D/O SAIFAN SAB AGED ABOUT 26 YEARS, OCC. HOUSEHOLD, R/O. DASTAGIR PETH, TANDUR DISTRICT, STATE TELANGANA – 501 141. 20. SHABANA W/O BASHEER MIYAN D/O SAIFAN SAB AGED ABOUT 31 YEARS, OCC. HOUSEHOLD, R/O. DAMAN NAKA, MUMBAI – 400 018. …RESPONDENTS (BY SRI. GOPALAKRISHNA, HCGP FOR R-1 TO R-4 SRI. MAHESH PATIL, ADVOCATES FOR R-5 TO R-20) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE WRIT, MORE SO IN THE NATURE OF CERTIORARI AND GRANT THE FOLLOWING RELIEFS .i) QUASH THE ORDER DATED 25.06.2021 PASSED BY THE RESPONDENT NO.3 IN FILE NO ¸À PÀA/J¯ï.Dgï/J.n.J¸ï.¹ 305/1975-76 THE COPY OF WHICH IS AT ANNEUXRE-A. THIS PETITION IS BEING HEARD AND RESERVED ON 07.03.2025 COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:- - 5 - HC-KAR NC: 2025:KHC-K:3914 WP No. 201744 of 2021 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition is directed against the impugned order dated 25.06.2021 passed by 3rd respondent – Land Tribunal, whereby the application in Form No.7 filed by respondents 5 to 20 was allowed, thereby conferring occupancy rights to an extent of 2 acres 1 guntas in Sy.No.21/1 of Daddapura village, Kalaburagi Taluk and District, in favour of respondents 5 to 20. 2. Heard learned Senior counsel for the petitioners and learned HCGP for respondents 1 to 4 and learned counsel for respondents 5 to 20 and perused the material on record. 3. A perusal of the material on record will indicate that respondents 5 to 20 are the L.Rs. of deceased Mohammed Ibrahim, who filed Form No.7 before the Land Tribunal seeking occupancy rights in relation to subject land measuring a total extent of 2 acres 31 guntas. The said application was opposed by the petitioners who are the landlords / owners of the subject land and there were earlier rounds of litigation between the parties before the Land Tribunal as well as this Court including - 6 - HC-KAR NC: 2025:KHC-K:3914 WP No. 201744 of 2021 W.P.No.8543/2004 preferred by late Mohammed Hanif, the Husband and father of the petitioners herein, which was allowed vide final order dated 17.09.2008 and the matter remitted back to the Land Tribunal for reconsideration afresh in accordance with law. The said order of the learned Single Judge was challenged by respondents 5 to 20 before the Hon’ble Division Bench in W.A.No.7053/2008 which was dismissed vide final order dated 06.07.2009. 4. In pursuance of the same, the Land Tribunal took up the matter once again and proceeded to pass the impugned order allowing the application in Form No.7 to an extent of 2 acres 1 gunta excluding 31 guntas on the ground that the said 31 guntas had been converted from non-agricultural purposes. Aggrieved by the impugned order passed by the Land Tribunal insofar as it relates to granting occupancy rights to an extent of 2 acres 1 gunta, petitioners are before this Court by way of the present petition. 5. A perusal of the impugned order will indicate that the Land Tribunal has come to the conclusion that out of the total extent of 2 acres 31 guntas, only 30 guntas of land had been - 7 - HC-KAR NC: 2025:KHC-K:3914 WP No. 201744 of 2021 converted for non-agricultural purposes and consequently, the application in Form No.7 in relation to the remaining 2 acres 1 gunta deserves to be allowed in favour of respondents 5 to 20. In this context, the Land Tribunal failed to consider and appreciate the revenue records for the relevant year 1973-74 in relation to the appointed date which clearly indicates that the entire extent of land measuring 2 acres 31 guntas was converted for non-agricultural purposes. Further, the predecessor-in-title of the petitioners had obtained permission for putting up construction and had put up construction over the entire extent of land as can be seen from the permission at Annexure-A2 produced by the petitioners. In addition thereto, this Court secured the original records from the Land Tribunal, a perusal of which would also indicate that the entire extent of 2 acres 31 guntas had been converted for non-agricultural purposes and not only an extent of 31 guntas as wrongly held by the Land Tribunal. It is therefore clear that the impugned order granting occupancy rights to an extent of 2 acres 1 gunta on the erroneous premise that the same had not been converted for non- agricultural purposes is clearly contrary to the material on record - 8 - HC-KAR NC: 2025:KHC-K:3914 WP No. 201744 of 2021 and law warranting interference by this Court in the present petition. 6. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned order at Annexure-A dated 25.06.2021 passed by the 3rd respondent is hereby quashed. (iii) The application in Form No.7 filed by respondents 5 to 20 in relation to the entire extent of land in Sy.No.21/1 measuring 2 acres 31 guntas situated at Daddapura village, Kalaburagi Taluk and District is hereby rejected. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.