- 1 - NC: 2025:KHC:9453 W.P. No.29045/2014 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.29045/2014 (LR) BETWEEN: SMT. NASEEMA D/O SRI. U. AHMED BAVA AGED 48 YEARS RESIDING AT. KANYACHI GUDDE ARYA SAMAJ ROAD MANGALORE-575001 DAKSHINA KANNADA DISTRICT. …PETITIONER (BY SRI. DEEPAK WAGLE, ADV., FOR SRI. KESHAVA BHAT A, ADV.,) AND: 1. SREE GOPALAKRISHNA DEVARU REPRESENTED BY ITS PRESENT TRUSTEE SRI. U.C. ARUN KUMAR S/O LATE U.C. RAMAKRISHNA BHAT AGED MAJOR RESIDING AT DWARAKA ARYA SAMAJ ROAD, MANGALORE-575001 DAKSHINA KANNADA DISTRICT. 2. THE MANGALORE LAND REFORMS AUTHORISED OFFICER HEAD QUARTERS ASSISTANT DAKSHINA KANNADA MANGALORE-575001 DAKSHINA KANNADA DISTRICT. …RESPONDENTS Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9453 W.P. No.29045/2014 (BY SRI. ANANYA RAI, ADV., FOR SRI. M. VISHWAJITH RAI, ADV., FOR R1 SMT. SAVITHRAMMA, AGA FOR R2) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR ENTIRE RECORDS PERTAINING TO APPEAL NO.146/2004 FROM THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL, BANGALORE AND ALSO THE ENTIRE RECORDS PERTAINING TO LRT NO.1799/2000 FROM THE FILE OF THE R-2 AND ON PERSUAL OF THE SAME. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION SETTING ASIDE THE IMPUGNED ORDER OF THE KARNATAKA APPELLATE TRIBUNAL DTD.5.4.2012, IN APPEAL NO.146/2004 VIDE ANNEX-A AND RESTORE THE ORDER OF THE R-2, AUTHORISED OFFICER DTD.7.1.2003 IN LRT.NO.1799/2000 VIDE ANNEX-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 An order dated 07.01.2003 was passed in LRT.No.1799/2000 by respondent No.2 - Assistant Commissioner conferring occupancy rights on the petitioner by accepting Form No.7A that was filed. A finding was recorded by the Assistant Commissioner that the petitioner was in possession of the lands and was engaged in agricultural activities on the lands in question, - 3 - NC: 2025:KHC:9453 W.P. No.29045/2014 which were lands bearing Sy.Nos.237 and 250 total measuring 7 cents of land. 2. In Appeal No.146/2004, the Karnataka Appellate Tribunal has recorded a finding that there was nothing on record to indicate that the land in question was an agricultural land. The Tribunal has recorded a finding that in the 6 cents of land in Sy.No.237 merely because there is a mention about the existence of coconut and fruit trees that cannot lead to an inference that agricultural activities were being carried on in the said land and those lands were in fact an agricultural lands. In fact, the Tribunal has recorded a finding that the entry in the RTC was indicative of the fact that the petitioner was in possession of a house in 1 gunta in Sy.No.237, and it has therefore come to the conclusion that if a house has been erected in 1 gunta of land, the question of there being any extra land available for cultivation would not arise. 3. In my view, since there is a clear finding that there is no record to indicate that the lands in question - 4 - NC: 2025:KHC:9453 W.P. No.29045/2014 were agricultural lands and that the petitioner was engaged in agricultural activities, the order passed by the Tribunal cannot be found to be fault with. The writ petition is therefore, dismissed. Sd/- (N.S. SANJAY GOWDA) JUDGE ABK List No.: 1 Sl No.: 46