- 1 - NC: 2025:KHC:9275 WP No. 58401 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 58401 OF 2015 (LR) BETWEEN: 1. SMT RATHNAVATHI W/O LATE MANJUNATH PRABHU, A/A 70 YEARS, R/A MALEBETTU, BELUVAI VILLAGE, KARKALA TALUK, DAKSHINA KANNADA-575001. …PETITIONER (BY SRI. I.THARANATH POOJARY., SENIOR COUNSEL FOR SRI. ROHIT URS.D., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESETNED BY ITS SECRETARY , DEPARTMENT OF REVENUE M S BUILDING, BANGALORE-575001. 2. THE LAND TRIBUNAL KARKALA TALUK, DAKSHINA KANNADA-575001. 3. LAND TRIBUNAL MOODABIDRI, REP. BY ITS CHAIRMAN, MOODABIDRI, DAKSHINA KANNADA-575001. 4. SRI. VIVEK PRABHU, S/O LATE NARASIMHA PRABHU, AGED ABOUT 51 YEARS, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9275 WP No. 58401 of 2015 5. SRI. UMESH PRABHU, S/O LATE NARASIMHA PRABHU, AGED ABOUT 49 YEARS, 6. SMT. VASANTHI, D/O NARASIMHA PRABHU, AGED ABOUT 53 YEARS, R-4 TO 6 ALL ARE R/AT NEAR VASUDVA HOTEL, KESARUGADDE POST, KESARUGADDE, BELUVAI, MANGALORE-574 213. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-3; R-4 TO R-6 ARE SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT NON-CONSIDERATION OF PETITIONER CLAIM IN RESPECT OF THE LANDS MOREFULLY DESCRIBED IN SCHEDULE-A, WHILE CONSIDERING THE CLAIM OF PETITIONER IN FORM NO.7 IN TLR NO.21/77-78 VIDE ORDER DATED:27.8.1979 VIDE ANNEXURE-A AS ILLEGAL AND CONSEQUENTLY DIRECT THE R-3 LAND TRIBUNAL TO CONSIDER THE APPLICATION OF THE PETITIONER IN FORM NO.7 VIDE ANNEXURE-B IN RESPECT OF SCHEDULE-A LANDS AND PASS APPROPRIATE ORDERS IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:9275 WP No. 58401 of 2015 ORAL ORDER 1. This petition is filed challenging the order passed by the Land Tribunal insofar as it relates to non- consideration of the claim of the husband of the petitioner in respect of following survey numbers: 1. Sy.No.112/8A measuring 2 cents 2. Sy.No.112/8A measuring 18 cents 3. Sy.No.112/9D measuring 51 cents 4. Sy.No.112/9B measuring 9 cents 2. The order of the Tribunal indicates that the husband of the petitioner had made a claim in respect of following survey numbers: 1. Sy.No.112/2A4 measuring 89 cents 2. Sy.No.112/8A measuring 2 cents 3. Sy.No.112/8A measuring 18 cents 4. Sy.No.112/9D measuring 51 cents 5. Sy.No.112/9B measuring 9 cents - 4 - NC: 2025:KHC:9275 WP No. 58401 of 2015 6. Sy.No.112/4A measuring 52 cents 7. Sy.No.112/5A2 measuring 63 cents 8. Sy.No.112/93 measuring 35 cents 9. Sy.No.345/1 measuring 1 acre 6 cents and the Tribunal, though the landlord had indicated his consent for conferment of occupancy rights, however, proceeded to pass the order only in respect of following items: 1. Sy.No.112/4A measuring 52 cents 2. Sy.No.112/5A2 measuring 63 cents 3. Sy.No.112/9B measuring 35 cents 4. Sy.No.345/1 measuring 1 acre 6 cents 5. Sy.No.112/5A4 measuring 89 cents 3. The order of the Tribunal insofar as it relates to aforementioned four survey numbers is silent. I am therefore of the view that it would be appropriate to direct the Tribunal to consider the claim of the petitioner in respect of aforementioned four survey - 5 - NC: 2025:KHC:9275 WP No. 58401 of 2015 numbers and pass appropriate orders within three months from the date of receipt of a copy of this order. 4. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 73