- 1 - NC: 2025:KHC:16130 WP No. 32613 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 32613 OF 2013 (LR-SEC 48A) BETWEEN: S U SHIVMURTHAPPA, SINCE DEAD BY HIS LR’S 1. SMT. CHANDRAMMA, W/O LATE S. U. SHIVAMURTHAPPA, DEAD 2. S CHANNAPPA, S/O LATE S. U. SHIVAMURTHAPPA, AGED ABOUT 50 YEARS, OCC : AGRICULTURIST. 3. S. GAJENDRAPPA, S/O LATE S. U. SHIVAMURTHAPPA, AGED ABOUT 48 YEARS, OCC : AGRICULTURIST. 4. S. SWAMY S/O LATE S. U. SHIVAMURTHAPPA, AGED ABOUT 46 YEARS, OCC : AGRICULTURIST. 5. S THIPPESWAMY, S/O LATE S U SHIVAMURTHAPPA, AGED ABOUT 42 YEARS, OCC: AGRICULTURIST 6. S. YOGENDRA, S/O LATE S. U. SHIVAMURTHAPPA, AGED ABOUT 39 YEARS, OCC : AGRICULTURIST. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16130 WP No. 32613 of 2013 PETITIONERS 1 TO 6 ARE RESIDENTS OF CHIRADONI VILLAGE, CHANNAGIRI TALUK – 577 213, DAVANAGERE DISTRICT. …PETITIONERS (BY SRI S V PRAKASH, ADVOCATE FOR PETITIONER 2 TO 6, V/O/DT: 22.05.2023 P2 TO P6 ARE LR’S OF DECEASED P1) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, DR AMBEDKAR VEEDHI, BANGALORE 560001. 2. THE LAND TRIBUNAL, CHANNAGIRI TALUK, CHANNAGRI, DAVANAGERE DISTRICT – 577213, REPRESENTED BY ITS CHAIRMAN. 3. SRI SIDDAPPA S/O SIDDALINGAPPA, SINCE DEAD BY HIS LRS 3(a) VINODAMMA, W/O LATE SIDDAPPA, DEAD 3(b) BABRUVAHANA, S/O LATE SIDDAPPA, AGED ABOUT 35 YEARS 3(c) HARISH, S/O LATE SIDDAPPA, AGED ABOUT 33 YEARS 3(d) NAVEENA, S/O LATE SIDDAPPA, AGED ABOUT 31 YEARS RESIDENTS OF CHIRADONI VILLAGE, - 3 - NC: 2025:KHC:16130 WP No. 32613 of 2013 CHANNAGIRI TALUK – 577 213, DAVANAGERE DISTRICT. 4. JAYAPPA S/O SIDDALINGAPPA SINCE DEAD BY HIS LRS 4(a) SMT BASAMMA, W/O LATE JAYAPPA, AGED ABOUT 65 YEARS, R/O CHIRADONI VILLAGE, CHANNAGIRI TALUK – 577 213, DAVANAGERE DISTRICT. 5. SMT ERAMMA W/O HANUMANTHAPPA SINCE DEAD BY HER LRS 5(a) HANUMANTHAPPA, S/O LATE CHANDAPPA, AGED ABOUT 80 YEARS, R/O DODDAGHATTA VILLAGE, CHANNAGIRI TALUK – 577213, DAVANAGERE DISTRICT. 6. SMT BASAMMA W/O MARIYAPPA AGED ABOUT 62 YEARS RESIDENT OF CHIRADONI VILLAGE CHENNAGIRI TALUK DAVANAGERE DISTRICT. 7. NIRVANAPPA, S/O DODAPPA, SINCE DEAD BY HIS LRS 7(a) SIDDAPPA, S/O NIRVANAPPA, AGED ABOUT 58 YEARS, AGRICULTURIST, RESIDENT OF CHIRADONI VILLAGE - 4 - NC: 2025:KHC:16130 WP No. 32613 of 2013 CHENNAGIRI TALUK – 577213, DAVANAGERE DISTRICT. 7(b) HANUMANTHAPPA, S/O LATE NIRVANAPPA, SINCE DEAD BY HIS LRS 7(b)(i) YASHODHAMMA, W/O LATE HANUMANTHAPPA, AGED ABOUT 65 YEARS. 7(b)(ii) S H DEEPAK, S/O LATE HUNUMANTHAPPA, AGED ABOUT 35 YEARS, AGRICULTURIST AND R/OF CHIRADONI VILLAGE, CHANNAGIRI TALUK – 577 213, DAVANAGERE DISTRICT. 7(c) NAGAMMA, W/O UJJANAPPA, SINCE DEAD BY HER LRS 7(c)(i) SRIHARI, S/O LATE UJJANAPPA, AGED ABOUT 40 YEARS 7(c)(ii) MURALIMOHAN, S/O LATE UJJANAPPA, AGED ABOUT 38 YEARS RESIDENT OF DODDAGHATTA VILLAGE, CHANNAGIRI TALUK – 577 213, DAVANAGERE DISTRICT. 7(d) VEERAPPA S/O LATE NIRVANAPPA SINCE DEAD BY HIS LRS 7(d)(i) SADANANDAMURTHY, S/O LATE VEERAPPA, - 5 - NC: 2025:KHC:16130 WP No. 32613 of 2013 AGED ABOUT 65 YEARS 7(d)(ii) JAYAMMA, S/O LATE VEERAPPA, AGED ABOUT 32 YEARS, 7(d)(iii) KESHAVAMURTHY S V, S/O LATE VEERAPPA, AGED ABOUT 56 YEARS 7(d)(iv) S V SHIVAKUMAR, S/O LATE VEERAPPA, AGED ABOUT 48 YEARS 7(d)(v) S V ARAVINDA, S/O LATE VEERAPPA, AGED ABOUT 46 YEARS RESPONDENT 7(d)(i) to 7(d)(v) ARE AGRICULTURIST, R/OF CHIRADONI VILLAGE, CHANNAGIRI TALUK – 577 213, DAVANAGERE DISTRICT. 8. VEERABHADRAPPA, S/O LATE YALLAPPA, AGED ABOUT 80 YEARS, AGRICULTURIST, R/O CHIRADONI VILLAGE, CHANNAGIRI TALUK – 577 213, DAVANAGERE DISTRICT. 9. MANJAPPA, S/O LATE YELLAPPA, AGED ABOUT 78 YEARS, AGRICULTURIST, RESIDENT OF CHIRADONI VILLAGE, CHENNAGIRI TALUK – 577213, DAVANAGERE DISTRICT. (CAUSE TITLE AMENDED AS PER COURT ORDER DATED:22.05.2023) …RESPONDENTS - 6 - NC: 2025:KHC:16130 WP No. 32613 of 2013 (BY SMT SAVITHRAMMA, AGA FOR R1 AND R2, SRI GURURAJ B PUROHITH, ADVOCATE FOR R3(B-D), SRI S Y KUMBAR, ADV. FOR R8 V/O/DT 22.05.2023 R3(B-D) ARE TRATED AS LR’S OF DECEASED R3(A) V/O/DT 26.10.2023 R4(A) IS HELD SUFFICIENT R5(a), R6, 7(a), R7(b)(i), R7(b)(ii), R7(c)(i), R7(b)(ii), R7(d)(i), R7(d)(ii), R7(d)(iii), R7(d)(iv), R7(d)(v) AND R9 ARE SERVED BUT UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO.1. QUASH THE ORDER DTD.28.12.2012 PASSED BY THE LAND TRIBUNAL, CHINNAGIRI IN CASE NO.LRF 10/1987-88.2. AWARD THE COST OF THIS PROCEEDING. 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. The petitioner had filed Form No.1 seeking for conferment of occupancy rights as an inamdar of lands bearing Sy.Nos.23/1, 23/2, 23/3 and 23/4, totally measuring 03 acres 28 guntas. 2. The Land Tribunal has rejected the said application on the ground that the entries in the RTC from 1969- 70 indicated that the land was in possession of (i) Manjappa son of Siddalingappa, (ii) Narayanappa son - 7 - NC: 2025:KHC:16130 WP No. 32613 of 2013 of Doddappa, (iii) Chennabasappa son of Yellappa and (iv) Lagamappa son of Siddappa. 3. It was the specific case of the petitioner that his father Shivamogga Manjappa had instituted a suit in O.S. No.138 of 1964 seeking for declaration that he was the owner and the said suit was however dismissed, which lead to the filing of the appeal in R.A. No.89 of 1971. 4. The Appellate Court by judgment dated 04.10.1972 allowed the appeal and declared that the father of the petitioner Shivamogga Manjappa was the owner of the portion granted marked by letters F-G-H-I-J in Ex.P-25. 5. This judgment of the Appellate court was challenged by the defendant—Siddappa in R.S.A. No.92 of 1973 and the said second appeal was dismissed. 6. It is therefore the contention of the petitioner that the title of the petitioner’s father was declared way - 8 - NC: 2025:KHC:16130 WP No. 32613 of 2013 back in the year 1971 and therefore, the reliance on revenue entry would really be of no consequence. 7. It is also the contention of the petitioner that these proceedings before the Civil Court which culminated in a second appeal before this Court is not even been noticed by the Land Tribunal let alone been considered by it and therefore, the impugned order cannot be sustained. 8. A perusal of the impugned order of the Land Tribunal only indicates that the Land Tribunal has taken into consideration, the revenue entries that had been made in respect of the lands bearing in Sy.No.23/1, 23/2, 23/3 and 23/4 and despite the fact the assertions were made regarding litigations before the Civil Court which culminated in a second appeal before this Court, the same has not even been considered by the Tribunal. 9. In my view, since there was a declaration that the petitioner was the owner of the lands in question, - 9 - NC: 2025:KHC:16130 WP No. 32613 of 2013 obviously, he would be entitled to seek for conferment of occupancy rights and the mere entries in the revenue records would really be no consequence. The Land Tribunal however has not addressed this issue. 10. It is therefore appropriate to set aside this order and remand the matter to the Land Tribunal with a direction to the Tribunal to consider the effect and import of the decree of declaration passed in favour of the father of the petitioner in R.A. No.89 of 1971 which was confirmed in the second appeal by this Court. 11. The Land Tribunal shall also take into consideration the decisions rendered by the Apex Court in the case of REMCO Industries Workers House Building Co-operative Society1 and consider the declaration of law regarding the right of the inamdar to be granted occupancy rights. 1 REMCO Industries Workers House Building Co-operative Society1 vs. Lakshmeesha M. and others, reported in 2003 (11) SCC 666 : 2003 (4) KCCR 2714 - 10 - NC: 2025:KHC:16130 WP No. 32613 of 2013 12. The writ petition is accordingly allowed. 13. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 64