- 1 - NC: 2025:KHC:9912 WP No. 18797 of 2014 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. 18797 OF 2014 (LR) BETWEEN: 1. PRABHODH KUMAR S/O LATE JANAKI HENGSU AGED ABOUT 66 YEARS RESIDING AT NO. GO1 BRIGADE ELITE-1, K R S ROAD YADAVAGIRI, MYSORE-570020 …PETITIONER (BY SRI. D P MAHESH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M S BUIDLING, BANGALORE-560001 2. THE LAND TRIBUNAL MOODABIDRE REPRESENTED BY ITS CHAIRMAN MANGALORE TALUK-574221 3. SMT PHILOMINA PATRAVO W/O LATE HENRY PATRAVO AGED ABOUT 68 YEARS RESIDENT OF PRAJWAL COTTAGE THUDAM, THILPADI VILLAGE AIKALA POST-574141 MANGALORE TALUK DAKSHINA KANNADA DISTRICT 4. THE SPECIAL LAND ACQUISITION OFFICER Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9912 WP No. 18797 of 2014 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD BAIKAMPADY-575011 MANGALORE TALUK DAKSHINA KANNADA DISTRICT …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 & R-2; SRI. PRASANNA.V.R., ADVOCATE FOR R-3; SRI. P.V CHANDRASHEKAR., ADVOCATE FOR R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ORDER DATED 17.1.2013, PASSED IN LRT(2) 203/1977-78, BY THE R- 2 VIDE ANNEXURE-A, THEREBY REMANDING THE MATTER FOR FRESH CONSIDERATION IN ACCORDANCE IN LAW, 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 1. This Writ Petition is filed challenging the order of the Land Tribunal (Tribunal) by which the application filed by the petitioner was rejected. 2. In the order, it is stated as follows – "F ¨sÀÆ£ÁåAiÀÄ ªÀÄAqÀ½AiÀÄÄ ¥ÀæPÀgÀtªÀ£ÀÄß PÀÆ®APÀĵÀ vÀ¤SÉ £Àqɹ ¸ÀfðzÁgÀgÀ UÉÊgÀĺÁdjAiÀÄ£ÀÄß PÀAqÀÄPÉÆAqÀÄ F §UÉÎ ¥ÀwæPÁ ¥ÀæPÀluÉAiÀÄ ªÀÄÆ®PÀ CfðzÁgÀgÀ ºÁdgÁwAiÀÄ£ÀÄß ¤jÃQë¹zÀÝgÀÆ PÀÆqÀ CfðzÁgÀgÀÄ ¨ÁgÀzÉà EgÀĪÀÅzÀjAzÀ ¨sÀƪÀiÁ®PÀgÀ ¸ÁQë ºÁUÀÆ PÀqÀvÀzÀ°è£À zÁR¯ÉUÀ¼À£ÀÄß ¥Àj²Ã°¸À¯ÁV «ªÁ¢vÀ d«ÄãÀÄ PÀȶ d«ÄãÀÄ C®è, C®èzÉà PÀȶ AiÉÆÃUÀå - 3 - NC: 2025:KHC:9912 WP No. 18797 of 2014 d«ÄãÀÄ C®è ºÁUÀÆ ¥ÀÄAd d«ÄãÀÄ JA§ÄzÀ£ÀÄß PÀAqÀÄPÉÆAqÀÄ F PɼÀV£ÀAvÉ DzÉñÀ ªÀiÁrgÀÄvÀÛzÉ. " 3. It is, therefore, clear from the above that the Form No.7 was rejected in the absence of the tenant or legal representatives. It is also stated that the second legal heir, who had been arraigned as applicant No.2 before the Tribunal i.e., Smt.Kunjavihari also passed away on 29.05.2010. 4. In this view of the matter, the impugned order cannot be sustained and the same is, therefore, set aside and the matter is remanded back to the Tribunal. 5. The petitioner being one of the legal heirs of the deceased applicant Smt. Janaki Hengsu can prosecute the application on her behalf. If, however, no steps are taken in respect of the other legal heirs i.e., Smt.Kunjavihari, the Tribunal can proceed to determine the claim of Smt. Janaki Hengsu, since the estate of Smt. Janaki Hengsu would stand - 4 - NC: 2025:KHC:9912 WP No. 18797 of 2014 adequately represented by the presence of the petitioner herein, who was directed to be the first legal representative of Smt.Janaki Hengsu. 6. Since the parties are represented by the counsel before this Court, they are directed to appear before the Land Tribunal on 24.03.2025 and take further instructions in the matter. 7. Having regard to the fact that the matter is of the year 1977, the Land Tribunal, is directed to dispose of the matter within a period of six months from the date of receipt of a copy of this order. 8. 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.: 45