- 1 - NC: 2025:KHC:13767 WP No. 49299 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 49299 OF 2016 (LR-SEC) BETWEEN: 1. SRI U DAYANANDA RAO AGED ABOUT 77 YEARS, S/O LATE SRI U SANJIVA RAO AND LATE SMT. KALYANI BAI, KALYANI NILAY, KAMPANABETTU, SAMPIGE NAGAR, UDYAVAR POST - 574 118 UDUPI TALUK, UDUPI DISTRICT (NOT CLAIMING BENEFIT AS SENIOR CITIZEN) …PETITIONER (BY SMT. SUMA KEDILAYA., ADVOCATE) AND: 1. THE LAND TRIBUNAL UDUPI, REPRESENTED BY ITS CHAIRMAN/ SPL. ASSISTANT COMMISSIONER, UDUPI TALUK, DISTRICT UDUPI-576 101. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGALORE - 560 001. 3. SRI RAM MOOLYA S/O LATE SHIVA MOOLYA, AGED ABOUT 65 YEARS, 4. SRI THUKRA MOOLYA S/O LATE SHIVA MOOLYA, AGED ABOUT 69 YEARS, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13767 WP No. 49299 of 2016 5. SMT. LAKSHMI D/O LATE SHIVA MOOLYA, AGED ABOUT 60 YEARS, 6. SMT. SAROJINI D/O LATE SHIVA MOOLYA, AGED ABOUT 58 YEARS, R-3 TO R-6 ARE R/O PUNCHALAKADU, MALANGOLI, KALATHOOR POST, VIA KAUP - 574 106 UDUPI TALUK, UDUPI DISTRICT-574115. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 & R-2; SRI. K.PRASANNA SHETTY., ADVOCATE FOR R-3 TO R-6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD.8.8.2016 PASSED BY THE LAND TRIBUNAL, UDUPI, BEING ARBITRARY, ERRONEOUS AND CONTRARY TO LAW, EQUITY AND JUSTICE VIDE ANNEXURE-N, ETC. THIS PETITION, COMING ON FOR FINAL DISPOSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. In this writ petition, the landlord is challenging the order passed by the Land Tribunal, by which, occupancy rights were conferred in favour of the respondent - tenant as under: SY.NO. MEASUREMENT - 3 - NC: 2025:KHC:13767 WP No. 49299 of 2016 118/16A 90 cents 113/2C 2 acres 50 cents 118/13C 1 acre 4 cents 2. Learned counsel for the petitioner/landlord submits that the petitioner has no objection for conferment of occupancy rights in favour of the tenant as under: SY.NO. MEASUREMENT 118/16A 90 cents 113/2C 1 acre on the eastern side as against 2 acres 50 cents 118/13C 14 cents as against 1 acre 4 cents on the northern side 3. It is submitted by the learned counsel appearing for the tenant that in respect of remaining land i.e., 1 acre 50 cents in Sy.No.113/2C and 90 cents on the southern side in Sy.No.118/13C, the tenant does not - 4 - NC: 2025:KHC:13767 WP No. 49299 of 2016 wish to press Form-7 and concedes that said lands were not tenanted lands. 4. A joint memo dated 01.04.2025 is also filed by the parties to this effect. 5. In light of the above submissions and the joint memo, the order of the Land Tribunal is modified and it is held that the respondent-tenant would be entitled to conferment of occupancy rights as under: SY.NO. MEASUREMENT 118/16A 90 cents 113/2C 1 acre on the eastern side as against 2 acres 50 cents 118/13C 14 cents as against 1 acre 4 cents on the northern side 6. In respect of remaining extent as aforementioned, the claim made by the respondent-tenant in Form-7 shall stand rejected. - 5 - NC: 2025:KHC:13767 WP No. 49299 of 2016 7. It is hereby also agreed by the parties that they shall appoint a Surveyor, who shall survey the property in their presence and thereafter, the mutation shall be made in their names. 8. This submission is also taken on record and the writ petition is accordingly allowed in part. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 81