- 1 - NC: 2025:KHC:10034 WP No. 49354 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 49354 OF 2016 (LR-RES) BETWEEN: 1. DEVENDRA NAIKA, S/O LATE CHANDRA NAIKA, AGED ABOUT 58 YEARS. 2. ANANDA NAIKA, S/O LATE CHANDRA NAIKA, AGED ABOUT 56 YEARS. 3. GANGA NAIKA, S/O LATE CHANDRA NAIKA, AGED ABOUT 54 YEARS. 4. SHANKARA NAIKA, S/O LATE CHANDRA NAIKA, AGED ABOUT 50 YEARS. ALL ARE R/OF: HUNASODU VILLAGE, ABBALAGERE POST, HOLALUR HOBLI-577 216, SHIVAMOGGA TALUK & DISTRICT. …PETITIONERS (BY SRI P N HARISH, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560 001. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10034 WP No. 49354 of 2016 2. THE LAND TRIBUNAL, SHIVAMOGGA, SHIVAMOGGA TALUK, SHIVAMOGGA-577 201. REP. BY ITS CHAIRMAN. 3. KANTAPPA, ADOPTED S/O BASAMMA, W/O BASAPPA GOWDA, MAJOR IN AGE, R/O HUNASODU VILLAGE, ABBALAGERE POST, HOLALUR HOBLI-577 216, SHIVAMOGGA TALUK & DISTRICT. …RESPONDENTS (BY SMT. CHANDINI.S, HCGP FOR R-1 & R-2; R-3 IS SERVED & UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS OF THE R-2 DATED 16.11.1976 PASSED IN CASE NO. LRF(T)23/75-76 (H.N.S) PRODUCED AS ANNEXURE-D AND ORDER DATED 12.9.2011 PASSED IN CASE NO. LRF DHS 23/75-76 PRODUCED AS ANNEXURE-F AND REMIT THE MATTER TO THE R-2 FOR FRESH DISPOSAL AFTER PROVIDING SUFFICIENT OPPORTUNITY TO THE PETITIONERS ETC. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. Petitioners filed an application in Form No.7 seeking grant of occupancy rights. The said application was rejected by an order dated 16.11.1976 in the following terms: - 3 - NC: 2025:KHC:10034 WP No. 49354 of 2016 "Case called. The applicant is present. The respondent is absent. This is a Patel Umbli land and is not yet re-granted. The Tribunal has no jurisdiction to grant the occupancy right of this land. Hence, the application is asked to be filed. Pronounced in the open court." 2. It is obvious from the said order, the Tribunal rejected the application on the ground that it has no jurisdiction as the land in question is a Patel Umbli land comes within the purview of the Karnataka Village Offices Abolition Act. 3. Subsequently, it appears that on 17.11.1993, the land was re-granted under the provisions of Karnataka Village Offices Abolition Act. Petitioners coming to know about this fact, made an application before the Tribunal requesting to reconsider its earlier order since the land now belongs to respondents therein. The Land Tribunal rejected this application on the ground that there was no documents produced to indicate that the father of the petitioners was in possession as on 01.03.1974. - 4 - NC: 2025:KHC:10034 WP No. 49354 of 2016 4. Learned counsel for the petitioners points out that, right from 1964, the name of the petitioners' father was entered in the revenue records. It is contended the revenue entry for the year 1969-1970 and 1970-1971 also stood in the name of petitioners' father which thereby establishes that the petitioners' father was the tenant. 5. Perusal of Annexure-B does indicate for the year 1969-1970 and 1970-1971, the name of the petitioners' father has been entered in Column No.12 and the type of cultivation is shown as 'tenant'. 6. In my view, in the light of these materials, the Land Tribunal could not have come to the conclusion that there were no documents to indicate that the father of the petitioners was in possession on the appointed date. Consequently, impugned orders are quashed. 7. The Land Tribunal is directed to consider the application keeping in mind the revenue entries as on - 5 - NC: 2025:KHC:10034 WP No. 49354 of 2016 1973-1974 and years prior thereto and determine the rights of the petitioners. 8. Writ petition is accordingly allowed. Sd/- (N S SANJAY GOWDA) JUDGE tsn* List No.: 1 Sl No.: 77