- 1 - NC: 2025:KHC:9456 W.P. No.4876/2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE N.S. SANJAY GOWDA WRIT PETITION NO.4876/2015 (LR) BETWEEN: SMT. INDIRA S. SHETTY SINCE DECEASED BY LR'S. 1. SRI. SHREENATH SHETTY S/O LATE SAMBA SHETTY AGED ABOUT 63 YEARS. 2. SRI. SHREEKANTH SHETTY S/O LATE SAMBA SHETTY AGED ABOUT 61 YEARS. 3. SRI. SHREEKAR SHETTY S/O LATE SAMBA SHETTY AGED ABOUT 58 YEARS. 4. SMT. SHREELATHA SHETTY W/O RAVEENDRA SHETTY AGED ABOUT 55 YEARS. 5. SRI. SHREESHA KUMAR S/O LATE SAMBA SHETTY AGED ABOUT 52 YEARS. 6. SMT. SHREEVANITHA SHETTY W/O RAJARAM ADYANTHAYA AGED ABOUT 50 YEARS. 7. SMT. SHREEVANI SHETTY W/O GIRISH SHETTY AGED ABOUT 48 YEARS. Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9456 W.P. No.4876/2015 ALL ARE RESIDING AT. KALLYA PADUMANE ULIYARAGOLI VILLAGE UDUPI TALUK, UDUPI DISTRICT-574 106. …PETITIONERS (BY SRI. THARANATH SHETTY K, ADV.,) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA BANGALORE-560 001 BY ITS SECRETARY. 2. THE LAND TRIBUNAL UDUPI TALUK UDUPI DISTRICT-576 101 BY ITS SECRETARY. 3. SRI. BABU POOJARY S/O MAINDA POOJARY SINCE DECEASED BY HIS LR'S. 3(a) SMT. PREMA POOJARTHI MAJOR, D/O LATE BABU POOJARY RESIDING AT PADUYENA GUDDE NEAR SALFA HOLLOW BLOCKS FACTORY KATAPADY POST, UDUPI TALUK UDUPI DISTRICT-574 105. 3(b) SMT. PUSHPA POOJARTHI MAJOR, D/O LATE CHANNAMMA C/O SRI. SUNIL M. SALIAN NO.305, ABHILASHA C.H.S. LTD SHASTRI NAGAR, KALWA THANE, MAHARASTRA-400 605. 3(c) SMT. BITTU POOJARTHI MAJOR, D/O LATE BABU POOJARY - 3 - NC: 2025:KHC:9456 W.P. No.4876/2015 W/O LATE SHANKAR POOJARY RESIDING AT PADUYENA GUDDE NEAR SALFA HOLLOW BLOCKS FACTORY KATAPADY POST UDUPI TALUK AND DISTRICT-574 105. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 AND R2 SRI. K. SHASHIKANTH PRASAD, ADV., FOR R3 (b) R3 (a) SERVED BUT UNREPRESENTED V/O/D.29.03.2016 NOTICE TO R3 (c) THROUGH PAPER PUBLICATION IS ACCEPTED) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDERS DTD.20.11.1981 AND 27.5.2002 PASSED BY THE R-2 IN LRY 106/177/TRI 1873/1981-82 IN SO FAR AS THE PETITION SCHEDULE LANDS ARE CONCERNED, AT ANNEX-A & B & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE N.S. SANJAY GOWDA ORAL ORDER The petitioners' mother was conferred occupancy rights of several lands by an order of the Land Tribunal dated 22.10.1981. 2. For the purpose of this case it may be relevant to state that amongst other lands, the petitioners' mother - 4 - NC: 2025:KHC:9456 W.P. No.4876/2015 was also granted land bearing Sy.Nos.37/5 measuring 27 cents, 37/13 measuring 62 cents and 33/3 measuring 28 cents. It is the case of the petitioners' mother that not withstanding the fact that an order was passed in her favor on 22.10.1981, the Land Tribunal passed another order on 20.11.1981 conferring occupancy rights in respect to the aforementioned three survey numbers in favour of respondent No.3. 3. A perusal of Annexure-A, the order passed in favour of respondent No.3 and Annexure-C, the order passed in favor of the petitioners' mother does indicate that the Land Tribunal has conferred occupancy rights in respect of the following three survey numbers i.e., 37/5 measuring 27 cents, 37/13 measuring 62 cents and 33/3 measuring 28 cents to the petitioners' mother as well as to respondent No.3. 4. It may be relevant to state here that Sy.Nos.37/5 and 37/13 in the order passed in favor of - 5 - NC: 2025:KHC:9456 W.P. No.4876/2015 respondent No.3 is shown as 37/5A and 37/13B respectively. 5. It is submitted that the order passed in favor of respondent No.3 was challenged by the other applicants before this Court and the said order was set aside and the matter was remanded to the Land Tribunal. The Land Tribunal, on remand, has once again passed an order on 27.05.2002 by which it has granted occupancy rights in respect of respondent No.3. On remand, the Land Tribunal has reiterated its earlier order passed on 20.11.1981 insofar as it relates to the aforementioned three survey numbers. 6. It is settled law that when applications in Form No.7 are filed in respect of the very same lands, the Land Tribunal is required to club both the applications and pass an appropriate order deciding the rival claims. However, in this case, the Land Tribunal has committed irregularity in considering the applications independently and passing two orders which conflict each other. - 6 - NC: 2025:KHC:9456 W.P. No.4876/2015 7. In the above view of the matter, it would be appropriate to quash the order passed by the Land Tribunal on 22.10.1981 - Annexure-C and also the order dated 20.11.1981 - Annexure-A in so far as it relates to the aforementioned 3 survey numbers i.e., 37/5 (37/5A), 37/13 (37/13B) and 33/3 measuring 28 cents. The remaining portion of the order of the Land Tribunal in both the cases i.e., Annexures A, B and C shall remain undisturbed. 8. Consequently, the writ petition is allowed in part and the matter is remitted to the Land Tribunal, with a direction to the Land Tribunal to consider the claim of the petitioners as well as respondent No.3 in respect of the following three survey numbers i.e., 37/5 (37/5A), 37/13 (37/13B) and 33/3 and pass an order afresh. 9. Since the petitioners had the benefit of an interim order of status quo during the pendency of this writ petition, the said interim order of status quo shall continue till the disposal of matter by the Land Tribunal. - 7 - NC: 2025:KHC:9456 W.P. No.4876/2015 10. Both the parties shall appear before the Land Tribunal on 27.03.2025 and take further instructions Sd/- (N.S. SANJAY GOWDA) JUDGE ABK List No.: 1 Sl No.: 49