- 1 - HC-KAR NC: 2025:KHC:21538 WP No. 16708 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 16708 OF 2021 (LR) BETWEEN: BADAKAPPA S/O RAMEGOWDA, AGED ABOUT 70 YEARS, R/O JADDIHALLI VILLAGE, SORABA TQ, SHIMOGA DIST - 577 429. …PETITIONER (BY SRI. VEERENDRA R. PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDINGS, DR. AMBEDKAR VEEDHI BANGALORE - 560 001, REPRESENTED BY SECRETARY. 2. LAND TRIBUNAL, SORABA TALUK, SHIMOGA DISTRICT, REPRESENTED BY CHAIRMAN/ ASST COMMISSIONER SAGARA SUB DIVISION SAGARA, SHIMOGA DIST. - 577 401. 3. BANGARAPPA Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21538 WP No. 16708 of 2021 S/O BANGARA NAIKA, SINCE DEAD BY HIS LR, 3(A). SRI. TUKARAMA B. NAIK, S/O LATE B. BANGARAPPA, AGED ABOUT 48 YEARS. 4. KADERA KARIYAPPA, SINCE DEAD BY HIS LR. 4(A). SRI. VEERESHAPPA, S/O LATE KADERA KERIYAPPA, AGED ABOUT 52 YEARS. 5. KADERA ERAPPA, SINCE DEAD BY HIS LR, 5(A). SRI. VINAYAKA, S/O LATE KADERA ERAPPA, AGED ABOUT MAJOR, 6. KADERA MAHADEVAPPA SINDE DAED BY HIS LR, 6(A). SRI. CHANDRAPPA, S/O OF LATE KADERA MAHADEVAPPA, AGED ABOUT 51 YEARS, 7. KADERA DANAPPA SINCE DEAD BY HIS LR, 7(A). SRI. GANESHAPPA, S/O LATE KADERA DANAPPA, AGED ABOUT 60 YEARS, RESPONDENTS NO. 3(A) TO 7(A) ARE R/O AT JADDIHALLI VILLAGE, KUPPAGADDE HOBLI, SORABA TALUK, SHIMOGGA DISTRICT - 577 419. - 3 - HC-KAR NC: 2025:KHC:21538 WP No. 16708 of 2021 8. SR. NAGARAJ K K.A.S, (THEN ASSISTANT COMMISSIONER OF SAGAR AND CHAIRMEN OF LAND TRIBUNAL SORABA) AGED ABOUT 40 YEARS, PRESENT WORKING AS DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES OF HAVERI, HAVERI - 581 110. 9. MALLESHAPPA, S/O LAXMANAPPA, AGED ABOUT 35 YEARS, GINIVALA/VADDIGERE VILLAGE, POST: BARANGI, SORABA TALUK, SHIVAMOGGA DISTRICT - 577 413. 10. K. PRAKASH GOWDA, S/O BASAPPA GOWDA, AGED ABOUT 60 YEARS, AARETALAGADDE VILLAGE, POST: TALAGADDE, SORABA TALUK, SHIVAMOGGA DISTRICT - 577 413. 11. HOLIYAMMA, W/O ESHWAR, CHANNAPATTANA VILLAGE, POST: CHANDRAGUTTI, SORABA TALUK, SHIVAMOGGA DISTRICT - 577 413. …RESPONDENTS (BY SRI. K.P. YOGANNA ,A AGA FOR R1 AND R2; SRI. S.V. PRAKASH, ADVOCATE FOR R3(A), R4(A), R5(A), R6(A) AND R7(A); R8 TO R11 RE SERVED) - 4 - HC-KAR NC: 2025:KHC:21538 WP No. 16708 of 2021 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER DATED 09.07.2021 PASSED BY THE LAND TRIBUNAL, SORABA TALUK, SORABA VIDE ANNX-A. ALLOW THIS WRIT PETITION WITH COSTS AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER ` In this writ petition, petitioner is assailing order dated 09.07.2021 (Annexure-A), passed by the respondent No.2-Land Tribunal, Soraba Taluk, confirming the occupancy rights in respect of the private respondents herein. 2. The facts in nutshell for the purpose of adjudication of the writ petition are that, the land bearing Sy.No.136, measuring 20 acres, situated at Jaddihalli village, Soraba Taluk, Shivamogga District, is belong to the petitioner. It is further stated that the respondent Nos.3 to 7 had filed Form No.7 seeking occupancy right in respect of the subject land and the petitioner, being the landlord in respect of the subject land has - 5 - HC-KAR NC: 2025:KHC:21538 WP No. 16708 of 2021 contested the matter on merits. It is also stated that, the Land Tribunal had granted occupancy right in favour of one Danappa as per order dated 16.01.1981, and the same was challenged before this Court in the writ petition. This Court, remanded the matter to the Land Tribunal to conduct fresh enquiry. It is also stated in the writ petition that the impugned order has been passed by the respondent No.2-Land Tribunal, without issuing notice to the petitioner and no fair opportunity has been extended to the petitioner herein. Hence, the petitioner herein has filed the present writ petition challenging the impugned order dated 09.07.2021 (Annexure-A) passed by the Land Tribunal. 3. Heard, Sri.Veerendra R Patil, learned counsel appearing for the petitioner, Sri.K.P.Yoganna, learned AGA for respondent Nos.1 and 2, and Sri. S.V.Prakash, learned counsel for the private respondents. 4. Learned counsel appearing for the petitioner has contended, on several grounds with regard to the discrepancy in the impugned order at annexure-A, the Land Tribunal has passed the impugned order on 09.07.2021, wherein no - 6 - HC-KAR NC: 2025:KHC:21538 WP No. 16708 of 2021 opportunity of hearing was extended to the petitioner and that apart, he has invited the attention of the Court to the order sheet maintained by the Land Tribunal as per annexure-B, and pointed out that though the matter was not posted for orders and the legal representatives of the private respondents were not brought on record, despite the fact, the impugned order has been passed against the dead person. He also referred to Annexure-D1, the list of cases which were posted on 09.07.2021 and submitted that the impugned case enumerated in the Annexure-A was not posted on a particular day, despite the same, the impugned order has been passed by the Land Tribunal, requires to be interference of this Court. 5. Per contra S.V.Prakash, learned counsel appearing for the private respondents, reiterates the averments made in the statement of objections and he contended in support of the impugned order at Annexure-A. 6. Learned AGA, has produced the original records pertaining to the land in question. 7. In the light of the submission made by the learned counsel appearing for the parties, on careful examination of the - 7 - HC-KAR NC: 2025:KHC:21538 WP No. 16708 of 2021 finding recorded by the Land Tribunal at Annexure-A and the order sheet maintained by the respondent No.2-Land Tribunal, wherein there is a discrepancy in so far as mentioning the dates as well as there is a doubt in respect of the applications have been made by the legal representatives of the deceased applicant before the Land Tribunal. 8. In that view of the matter, taking into account that the Land Tribunal has committed an error in not following the procedure contemplated under Rule 17 of the Karnataka Land Reforms Rules, 1974, I find force in the submission made by the learned counsel appearing for the petitioner and it is a fit case to remand the matter to the Land Tribunal to re-consider the case of the parties on merits, after affording opportunity for hearing to all the parties concerned and to pass an appropriate order in accordance with the law. In the result I pass the following:- Order i. The writ petition is allowed. - 8 - HC-KAR NC: 2025:KHC:21538 WP No. 16708 of 2021 ii. Order dated 09.07.2021 (Annexure-A) passed by the respondent No.2-Land Tribunal, Soraba Taluk, is hereby set aside. iii. The matter is remitted to the respondent No.2 to re-consider the case afresh after affording opportunity to all the parties. iv. The parties are directed to appear before the Land Tribunal, Soraba, on 21.07.2025 at 3 P.M., without waiting for notice from the Land Tribunal. v. Land Tribunal shall expeditiously dispose of the matter. Sd/- (E.S.INDIRESH) JUDGE SRK List No.: 1 Sl No.: 46 CT: BHK