- 1 - NC: 2025:KHC:9299 WP No. 26176 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 26176 OF 2012 (KLR-LG) BETWEEN: GOLDEN MIRANDA SINCE DEAD BY LRs., 1. NIVEDITA MIRANDA, W/O LATE GOLDIN C MIRANDA., AGED 47 YEARS, 2. GLAN ANTHONY MIRANDA, S/O LATE GOLDIN C MIRANDA., AGED 25 YEARS, 3. GENITIA JYOTHI MIRANDA, D/O LATE GOLDIN C MIRANDA., AGED 21 YEARS, ALL THE LRs ARE R/AT No.5/78, VICTORIA VILLA MOCHAR, KATEEL POST, BADAGAYEKKARU, YEKKAR, DAKSHINA KANNADA-574 509. …PETITIONERS (BY SRI. A KESHAVA BHAT., ADVOCATE) AND: 1. RONALD D SA S/O LIGORI D SA, MAJOR, SURLADI HOUSE, POST: KATEEL, MANGALORE TALUK, D.K. 575 001. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9299 WP No. 26176 of 2012 2. RONALD MIRANDA 3. LANCY MIRANDA 4. ROZY MIRANDA 5. IVY MIRANDA 6. GLADY MIRANDA R-2 TO 6 ARE MAJORS, CHILDREN OF LATE ANTONY MIRANDA SURLADY HOUSE, KATEEL POST, MANGALORE TALUK, D.K PIN 575 001. 7. THE DEPUTY COMMISSIONER D.K. DIST., D.C.OFFICE, MANGALORE, D.K PIN 575 001 8. THE ASST. COMMISSIONER MANGALORE, D.C.OFFICE, MANGALORE, D.K PIN 575 001 9. THE TAHSILDAR MANGALORE TALUK OFFICE, MANGALORE, D.K PIN 575 001 10. STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPT. OF LAND REVENUE, VIDHANA SOUDHA, BANGALORE PIN-560 001 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-7 TO R-10; SRI. PRASHANTH CHANDRA., ADVOCATE FOR R-1; R-4 IS SERVED AND UNREPRESENTED; VIDE ORDER DATED:23.07.2021, NOTICE TO R-2, R-3 AND R-5 AND R-6 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR ENTIRE RECORDS PERTAINING TO APPEAL NO.543/2004 (REVENUE) FROM THE FILE OF KARNATAKA APPELLATE TRIBUNAL, - 3 - NC: 2025:KHC:9299 WP No. 26176 of 2012 BANGALORE AND PROCEEDING NO.CDIS.RAP.90/2002-03, FROM THE FILE OF THE DEPUTY COMMISSIONER OF D.K. DISTRICT, MANGALORE AND ON PERUSAL OF THE SAME, ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. On 14.03.1972, Antony Miranda, father of the petitioners was granted lands bearing Sy.No.211/1 measuring 2 acres 34 guntas and Sy.No.211/3A measuring 2 acres 32 guntas. 2. Ronald D'sa filed an appeal in the year 1999, which was rejected by the Deputy Commissioner by order dated 22.05.2001, which led to an appeal (Appeal No.396.2001) being filed before the Karnataka Appellate Tribunal (for brevity, referred to as "the Tribunal"). 3. The Tribunal by order dated 28.02.2002 allowed the appeal and remanded the matter to the Deputy Commissioner for reconsideration. - 4 - NC: 2025:KHC:9299 WP No. 26176 of 2012 4. On remand, the Deputy Commissioner vide order dated 03.02.2004 had come to the conclusion that though Antony Miranda had sought for grant of lands in Sy.Nos.74 and 139 totally measuring 5 acres, he had been granted lands in Sy.Nos.211/1 and 211/3A, which was impermissible. 5. The Deputy Commissioner took the view that the applicant who had sought grant of one particular piece of land could not be granted another piece of land, for which, he had not filed any application. 6. The Deputy Commissioner also came to the conclusion that the land was not brought under cultivation, despite grant of land long back and this became clear during spot inspection conducted on 22.02.2003. The Deputy Commissioner observed that the area was covered with naturally grown trees and both the parties had agreed that there were no signs of cultivation and he accordingly set aside the order of grant of lands in Sy.Nos.211/1 and 211/3A made - 5 - NC: 2025:KHC:9299 WP No. 26176 of 2012 in favour of Antony Miranda, but he went on to state that if the 1st respondent i.e., Ronald D'sa was able to establish that he had made an application in the year 1961 as contended by him and has produced a certified copy of said application, steps could be taken for considering the same and if not, the land was to be included in the lists of available lands for allotments. 7. The legal heirs of Antony Miranda challenged this order of the Deputy Commissioner by filing an appeal. The Tribunal has accepted the findings of the Deputy Commissioner that the land sought for by Antony Miranda was Sy.Nos.74 and 139, but he had been granted land in Sy.Nos.211/1 and 211/3 which was incorrect. The Tribunal has also noticed that the Deputy Commissioner has conducted a spot inspection and had come to the conclusion that the land had not brought under cultivation and said fact has also been accepted by both the parties. The - 6 - NC: 2025:KHC:9299 WP No. 26176 of 2012 Tribunal has accordingly proceeded to dismiss the appeal. As against which, the present writ petition is filed. 8. Learned counsel for the petitioners strenuously contended that the grant made in the year 1982 could not have been cancelled in the year 2004 and therefore, he submits that the order of the Deputy Commissioner was wholly improper and its confirmation by the Tribunal was also incorrect. 9. The revenue authorities have recorded a clear finding that Antony Miranda, father of the petitioners had sought for grant of land in Sy.Nos.74 and 139, but he had been granted land in Sy.Nos.211/1 and 211/3A. It is obvious that if Antony Miranda had sought for grant of one particular land, he could not have been granted land in some other survey number. The authorities have also recorded a clear finding that despite the grant, Antony Miranda had not cultivated the land at all and the area was over - 7 - NC: 2025:KHC:9299 WP No. 26176 of 2012 covered with natural grown trees and there was no sense of cultivation which was also accepted by the parties. In my view, the Tribunal was justified in accepting the findings of the Deputy Commissioner and dismissing the appeal. I find no reason to entertain the writ petition and the same is accordingly dismissed. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 57