- 1 - NC: 2025:KHC:11967 WP No. 11226 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 11226 OF 2023 (LR) BETWEEN: 1. SRI CHANDRASHEKAR SHETTY S/O LATE DEJU SHETTY AGED ABOUT 74 YEARS RESIDING NEAR UMA SHANKAR SAW MILL AMBAGILU, PUTTUR POST, UDUPI-576105 NOTE-THE PETITIONER DOES NOT CLAIM BENEFITS AS A SENIOR CITIZEN …PETITIONER (BY SRI. AJITH A SHETTY., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING DR AMBEDKAR VEEDHI BANGALORE-560001 BY ITS PRINCIPAL SECRETARY 2. LAND TRIBUNAL UDUPI 8PMX PLUS PCG,COURT RD,BRAHMAGIRI UDUPI, KARNATAKA-576101 BY ITS SECRETARY 3. SHREE ADAMAR MUTTH 8QQ2 PLUS Q9Q, ADAMARU MUTT LN SRI KRISHNA TEMPLE COMPLEX THENKPETE, MARUTHI VEETHIKA UDUPI, KARNATAKA-576101 BY ITS PARUPATHYEGAR Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11967 WP No. 11226 of 2023 4. SMT RADHU SHEDTHI D/O LATE SANJEEVA SHETTY AGED ABOUT 84 YEARS R/A KARAMBALLI MOODUMANE KUNJEBETTU POST SHIVALLI VILLAGE UDUPI-576101 …RESPONDENTS (BY SMT. CHANDINI.S., HCGP FOR R-1 AND R-2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI, THEREBY SETTING ASIDE THE ORDER DATED 10TH AUGUST 2022 PASSED BY THE 2ND RESPONDENT TRIBUNAL IN PROCEEDING BEARING REFERENCE NUMBER LRY 77-928-TRI-8249/78-79 AND LRY 77-1192-TRI-8252/80-81 AS PER ANNEXURE H, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. An application filed by the petitioner seeking to produce a Will under which he claimed a bequest from his maternal uncle, who had filed a Form-7, has been rejected by the Land Tribunal and as a consequence, the petitioner is before this Court. 2. The Tribunal has come to the conclusion that the bequest upon which the petitioner was seeking to - 3 - NC: 2025:KHC:11967 WP No. 11226 of 2023 prosecute Form-7 filed by his maternal uncle was not the subject matter of proceedings before the Tribunal and therefore the same could not be adjudicated by the Land Tribunal. 3. In my view, this reasoning of the Tribunal to reject the application seeking production of Will cannot be found fault with. 4. It may be observed that if the petitioner by virtue of his assertion that he was the legal heir of his maternal uncle Shyam Shetty, who was one of the applicants seeking occupancy rights, was already allowed to come on record as the legal heir of the applicant to prosecute Form-7, it is obvious he had been permitted to represent the estate of Shyam Shetty and establish whether Shyam Shetty was entitled to be conferred with the occupancy rights. In such a proceeding, the question of his entitlement under the Will cannot and would not be obviously considered by the Tribunal and therefore the Tribunal - 4 - NC: 2025:KHC:11967 WP No. 11226 of 2023 was justified in passing the impugned order. the petitioner, would always be at liberty to establish his right under the Will in the event Shyam Shetty is conferred with occupancy rights by the Land Tribunal. 5. The petition is therefore dismissed, subject to above observations. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 57