- 1 - NC: 2025:KHC:13816 WP No. 17390 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 17390 OF 2018 (LR) BETWEEN: 1. SRI BHADRAPPA S/O A GUNDA NAIKA, R/O ALAGERI VILLAGE, DHOORVASAPURA POST, THIRTHAHALLI TALUK-577 432 SHIVAMOGGA DISTRICT …PETITIONER (BY SRI. U.PANDURANGA NAYAK., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE DEPARTMENT M S BUILDING, DR AMBEDKAR ROAD, BENGALURU-560 001. 2. THE LAND TRIBUNAL THIRTHAHALLI TALUK, THIRTHAHALLI, SHIVAMOGGA DISTRICT BY ITS SECRETARY-577 432. 3. SMT RATHNAMMA W/O RAMAIAH GOWDA, MAJOR, R/O ALAGERI VILLAGE, DHOORVASAPURA POST, THIRTHAHALLIT TALUK-577 432 SHIVAMOGGA DISTRICT 4. SRI K R CHANDRASHEKAR Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13816 WP No. 17390 of 2018 S/O RAMAKRISHNA RAO, MAJOR, R/O KOTETHOTA THIRTHAMUTTUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT-577 415 …RESPONDENTS (BY SRI. A P PULAKESHI., ADVOCATE FOR C/R-3; SMT. CHANDINI.S., HCGP FOR R-1 & R-2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RELEVANT RECORDS AND QUASH THE ORDER OF THE LAND TRIBUNAL DATED 11.01.2018 VIDE ANNEXURE-A IN THIS W.P., ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This Writ Petition is filed by the rival claimant challenging the confirmation of occupancy rights in favour of respondent No.3, whose husband had filed an application seeking for conferment of occupancy rights. 2. The Land Tribunal has recorded a finding that the revenue records in respect of Sy.No.36/2 for the years 1965-66 and 1973-74 indicated that it was the 3rd respondent's husband, who was in possession of - 3 - NC: 2025:KHC:13816 WP No. 17390 of 2018 the land. The Tribunal has also recorded a finding that respondent No.3 had also produced a consent letter given by the landlord and these documents, cumulatively, indicated that respondent No.3 was in possession as on 01.03.1974 and hence was entitled to be conferred with occupancy rights. 3. The Tribunal has also taken note of the fact that apart from the assertion of the petitioner that he was in possession of 20 guntas in Sy. No.36/2, there were no other supporting documents to evidence the fact that he was the tenant. It has also considered the letter written by the landlord in which it is admitted that the petitioner was in possession of 20 guntas but has rejected the said evidence on the ground that the letter was of the year 1986 and could not be used to substantiate the assertion that the petitioner was a tenant as on 01.03.1974. 4. In my view, the Land Tribunal, on assessment of the records has recorded a clear finding that respondent - 4 - NC: 2025:KHC:13816 WP No. 17390 of 2018 No.3 was in possession as on 01.03.1974 and was entitled for confirmation of occupancy rights. I find no reason to interfere with the order passed by the Land Tribunal. Writ Petition is, therefore, dismissed. 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 47