- 1 - NC: 2025:KHC:9630 WP No. 10103 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 10103 OF 2016 (LR) BETWEEN: 1. SMT. VRITHANGI SHETTY AGED 86 YEARS, W/O LATE SRI N SEETHARAMA SHETTY, SUJATHA NILAYA, THELLAR ROAD, KARKALA - 574 104 REPRESENTED BY HER GENERAL POWER OF ATTORNEY SRI K VIJAYA SHETTY. 2. SRI K VIJAYA SHETTY S/O SRI P.M. HEGDE, 77 YEARS, PADDU NIVASA, KODAVURU VILLAGE, MOODABETTU, KAMABALAKATTE - 576 106 UDUPI …PETITIONERS (BY SRI. K CHANDRANATH ARIGA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETATY, REVENUE DEPARTMENT, VIKASA SOUDHA, DR. AMBEDKAR ROAD, BANGALORE - 560 001. 2. THE CHAIRMAN LAND TRIBUNAL, MANGALORE - 575 001. 3. SMT. UMAVATHI S SHETTY D/O SHAMA S SHETTY, SASIDHOTA HOUSE, BELLIYURU VILLAGE, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9630 WP No. 10103 of 2016 POST: HALEYANGADI, MANGALORE TALUK. 4. SMT.LALITHA SHETTY, D/O LATE SRI SOMAYYA SHETTY AGED ABOUT 60 YEARS, BELLIYUR VILLAGE, POST HALEYANGADI, MANGALORE TALUK, D.K. …RESPONDENTS (BY SMT.SAVITHRAMMA., AGA FOR R-1; SRI. SANATHKUMAR SHETTY., ADVOCATE FOR R-3 & R-4; R-2 IS SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN LRT-801/81-82 AND LRT-129/78-79 ON THE FILE OF THE R-2 AND QUASH THE ORDER DATED.5.10.1981 AND 9.6.1999 PASSED BY R-2 VIDE ANNEXURE-D & E, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioners are challenging the two orders of the Land Tribunal, one dated 07.02.1979 and the other order dated 09.06.1999. 2. It is the case of the petitioners that in the first order of the Tribunal, the landlady arrayed was Sarasu Shedthi. - 3 - NC: 2025:KHC:9630 WP No. 10103 of 2016 3. It is contended that Sarasu Shedti had in fact passed away on 14.11.1976 i.e., three years prior to passing of the order by the Tribunal and therefore, this order was passed against a dead person. 4. It is also contended that in the second order of the Tribunal, her son Anand Shetty was arrayed as respondent and this order was passed on 09.06.1999, but he had also passed away in the year 1991 itself and therefore, this order was also passed against a dead person. It is further contended that the claim in question was in respect of the very same survey number. 5. It would be appropriate to set aside the orders passed by the Tribunal since both the orders have been passed against a dead person. The impugned orders are accordingly set aside and the matter is remanded to the Tribunal for fresh consideration on merits. - 4 - NC: 2025:KHC:9630 WP No. 10103 of 2016 6. The petitioners who are the daughter and son of Sarasu Shedthi shall be impleaded as respondent – landlords before the Tribunal and they shall be provided an opportunity of contesting the matter before the Tribunal. 7. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 51