- 1 - NC: 2025:KHC:15852 WP No. 44182 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 44182 OF 2018 (LR) BETWEEN: 1. SRI. NARAYANASWAMY SINCE DEAD BY HIS LRs 1(A) SMT. MANJULA W/O LATE NARAYANASWAMY AGED ABOUT 53 YEARS R/AT NO.202, HANUMANTHAPPA BEEDI YELLAREDDY CIRCLE KADUGODI PLANTATION BANGALORE-560 067. 1(B) A. NITHA K.N. D/O LATE NARAYANASWAMY AGED ABOUT 28 YEARS 1(C) SUNITHA K.N. W/O ANANTHA .C AGED ABOUT 27 YEARS NO.1(B) AND 1(C) ARE R/AT GUNJUR ROAD, BANGALORE-560 087. 1(D) BYREGOWDA S/O LATE NARAYANASWAMY AGED ABOUT 23 YEARS R/AT HANUMANTHAPPA BEEDI KADUGODI PLANTATION KADUGODI POST-560 067. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15852 WP No. 44182 of 2018 2. SRI. MANJUNATH S/O LATE HANUMANTHAPPA AGED ABOUT 45 YEARS RESIDENTS OF PATTALAMMA LAYOUT VRUDDASHRAMA ROAD KADAGODI, BANGALORE-560 067. …PETITIONERS (BY SRI. RAMA MOHAN .M, ADVOCATE) AND: 1. THE CHAIRMAN LAND TRIBUNAL BANGALORE EAST TALUK BANGALORE-560 036. 2. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE-560 001. 3. SRI.T.JAYARAM S/O THIRUVANGADA MODALIAR MAJOR 4. SRI.T.RAMACHANDRAN S/O THIRUVANGADA MODALIAR MAJOR 5. SRI.T.CHANDRASHEKAR S/O THIRUVANGADA MODALIAR MAJOR 6. SRI.T.SHANMUGA S/O THIRUVANGADA MODALIAR MAJOR 7. SRI. RAMESH S/O N. RAJARAM MAJOR - 3 - NC: 2025:KHC:15852 WP No. 44182 of 2018 8. SRI. RAJAKUMAR S/O N. RAJARAM MAJOR 9. SRI.N. PADMANABHAN S/O N. VENUGOPAL MAJOR 10. SRI.N. JANARDHAN S/O N. VENUGOPAL MAJOR 11. SMT. SATHYVATHI W/O N. SRINIVAS MAJOR 12. N. RANGANATH S/O THIRUVANGADA MODALIAR MAJOR 13. SMT. MEENAKSHI W/O N. PALANI MAJOR 14. SRI.N. SAMPATH KUMAR S/O THIRUVANGADA MODALIAR MAJOR 15. SRI. VIJAYAKUMAR S/O N. GOVINDARAJU MAJOR 16. SRI. SHANMUGAM S/O N. GOVINDARAJU MAJOR 17. SMT. SHYLA D/O LATE PAPAIH & PAPAMMA AGED ABOUT 49 YEARS - 4 - NC: 2025:KHC:15852 WP No. 44182 of 2018 18. SMT. ANJANA D/O LATE PAPAIH & PAPAMMA W/O LATE GAJENDRA AGED ABOUT 47 YEARS 19. SMT. MUNIRATHANA D/O LATE PAPAIH & PAPAMMA W/O ANJINAPPA AGED ABOUT 45 YEARS 20. SMT. GOWRAMMA D/O LATE PAPAIH & PAPAMMA W/O RAMACHANDRA AGED ABOUT 44 YEARS 21. SMT. PUSHPA D/O LATE PAPAIH & PAPAMMA W/O NARAYANASWAMY R3 TO R21 ARE R/AT 4TH CROSS, KADUGODI CHIKKAGATE (RAILWAY GATE), SIDDARTHA LAYOUT BENGALURU-560 067. 22. SRI. RAMA KRISHNA S/O LATE PAPAIH AGED ABOUT 56 YEARS 23. SRI. SRIRAMA S/O LATE PAPAIAH AGED ABOUT 56 YEARS R22 AND R23 ARE RESIDING AT SHANKARAPURA, BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE-560 067. 24. SMT. JAYALAKSHMI @ AMMADHA D/O LATE MUNIYAPPA & MUNIYAMMA W/O NAGAPPA AGED ABOUT 46 YEARS - 5 - NC: 2025:KHC:15852 WP No. 44182 of 2018 25. SMT. SARASWATHI D/O LATE MUNIYAPPA & MUNIYAMMA W/O NARAYANA AGED ABOUT 43 YEARS 26. SRI. SURESH S/O LATE MUNIYAPPA & MUNIYAMMA AGED ABOUT 41 YEARS 27. SMT. VIJAYALAKSHMI D/O LATE MUNIYAPPA & MUNIYAMMA W/O SRIRAMA AGED ABOUT 39 YEARS 28. SRI. MANJUNATHA S/O LATE MUNIYAPPA & MUNIYAMMA AGED ABOUT 37 YEARS R24 TO R28 ARE RESIDING AT SHANKARAPURA, BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE-560 067. 29. SMT. RUKKAMMA W/O LATE MALLAPPA @ MALLAIAH AGED ABOUT 68 YEARS 30. SRI. SHANKARA S/O LATE MALLAPPA @ MALLAIAH AGED ABOUT 52 YEARS 31. SRI. GANESHA S/O LATE MALLAPPA @ MALLAIAH AGED ABOUT 48 YEARS 32. SRI. KRISHNAMURTHY S/O LATE MALLAPPA @ MALLAIAH AGED ABOUT 49 YEARS 33. SMT. LAKSHMIDEVI D/O LATE MALLAPPA @ MALLAIAH AGED ABOUT 47 YEARS - 6 - NC: 2025:KHC:15852 WP No. 44182 of 2018 34. SRI. NAGARAJ S/O LATE MALLAPPA @ MALLAIAH AGED ABOUT 35 YEARS R29 TO R34 ARE RESIDING AT KADUGODI, ELLA REDDY CIRCLE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE-560 067. 35. MR. VEERASWAMY REDDY S/O LATE NARASAREDDY AGED ABOUT 57 YEARS RESIDING AT NO.1112/3 BEHIND GANESH GAS AGENCY FCI MAIN ROAD, KADUGODI BENGALURU-560 067. 36. MR. SHYALENDAR SINGH S/O ANANTH SINGH AGED ABOUT 43 YEARS RESIDING AT NO.40/3(C) NISARGA NILAYA, 1ST CROSS ROAD RAGHAVENDRA MATH, DODDABOMMASANDRA VIDHYARANYAPURA POST BANGALORE-560 097. 37. MR. MANJUNATH S/O LATE MUNIYELLAPPA AGED ABOUT 39 YEARS R/AT NO.53, 10TH CROSS PATEL CHENNAPPA CIRCLE MANGAMMANA PALYA BENGALURU-560 068. [CAUSE TITLE AMENDED V.O.D 07.01.2024] …RESPONDENTS (BY SMT. CHANDINI .S, HCGP FOR R1 AND R2; SMT. S.B. LAKSHMI, ADVOCATE FOR R17 TO R21; SRI. M.S. VARADARAJAN, ADVOCATE FOR R24 TO R28, R30 TO R34, R36 AND R37; - 7 - NC: 2025:KHC:15852 WP No. 44182 of 2018 V/O DATED 20.03.2025, R30 TO R34 ARE LRs OF DECEASED R29; V/O DATED 07.11.2024 NOTICE TO R3 TO R16 AND R22 IS DISPENSED WITH; R23, R35 ARE SERVED BUT UNREPRESENTED; R26 IS GPA HOLDER OF R24 TO R28; R30 AND R32 ARE GPA HOLDERS OF R31, R33 AND R34) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LAND TRIBUNAL DATED 21.9.2004 IN LRF B K.G.8/1199/1974-75 VIDE ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR PRELIMINRY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is before this Court questioning the order of grant insofar as it relates to denial of occupancy rights in respect of Sy.No.210/4 which has been granted to Mallaiah. 2. It is the case of the petitioner that the said land ought to have been granted in his favour. 3. However, it is not in dispute that in the Form No.7 filed by the petitioner, he had not claimed Sy.No.210/4 and Sy.No.210/4 was only claimed by - 8 - NC: 2025:KHC:15852 WP No. 44182 of 2018 Mallaiah. If the petitioner has not even made a claim in respect of Sy.No.210/4, obviously he cannot be conferred with occupancy rights. The Land Tribunal is justified in rejecting his claim. I find no reason to entertain this Writ Petition and the Writ Petition is, therefore, dismissed. 4. 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.: 79