- 1 - NC: 2025:KHC-D:3322 WP No. 100615 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100615 OF 2025 (LR) BEYWEEN: RAMACHANDRAPPA S/O SOMANNA LAMANI @ DODDAMANI, SINCE DECEASED BY HIS LR’S, 1. SMT. RUKUMAVVA W/O RAMACHANDRA LAMANI @ DODDAMANI, AGE: 75 YEARS, OCC: HOUSEHOLD, R/O: GUNDURU (SHIVAJUPUR) TQ: HANGAL, DT: HAVERI – 581104. 2. SMT. MALAVVA W/O PUTTAPPA PUJAR, AGE: 54 YEARS, OCC: HOUSEHOLD, R/O: JAKANAYKOPPA, TQ: HANGAL, DT: HAVERI–581104. 3. SHRI. RAJU S/O RAMACHANDRAPPA LAMANI @ DODDAMANI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: GUNDURU (SHIVAJUPUR) TQ: HANGAL, DT: HAVERI – 581104. 4. SHRI. ANAND S/O RAMACHANDRAPPA LAMANI @ DODDAMANI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: GUNDURU (SHIVAJUPUR) TQ: HANGAL, DT: HAVERI – 581104. 5. SHRI. PRAKASH S/O RAMACHANDRAPPA LAMANI @ DODDAMANI, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: GUNDURU (SHIVAJUPUR) TQ: HANGAL, DT: HAVERI – 581104. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.21 16:31:05 +0530 - 2 - NC: 2025:KHC-D:3322 WP No. 100615 of 2025 6. SMT. GOPAMMA W/O RAMAPPA HUNASIKATTI, AGE: 46 YEARS, OCC: HOUSEHOLD, R/O: BALUR,TQ: HANGAL, DT: HAVERI – 581102. VIJAYA S/O RAMACHANDRAPPA LAMANI @ DODDAMANI, SINCE DECEASED BY HIS LR 7. SMT. BHARATI W/O VIJAYA LAMANI @ DODDAMANI, AGE: 35 YEARS, OCC: HOUSEHOLD, R/O: GUNDURU (SHIVAJUPUR) TQ: HANGAL, DT: HAVERI- 581104. 8. KUMARI BHAVANA D/O VIJAYA LAMANI @DODDAMANI, AGE. 13 YEARS, OCC. STUDENT, R/O. GUNDURU (SHIVAJUPUR) TQ. HANGAL, DT. HAVERI-581104 (SENIOR MINOR R/BY HER GUARDIAN NATURAL MOTHER I.E PETITIONER NO.7) 9. SHRI. KUBENDRA S/O RAMACHANDRAPPA LAMANI @ DODDAMANI, AGE: 42 YWAES, OCC: AGRICULTURE, R/O: GUNDURU (SHIVAJUPUR) TQ: HANGAL, DT: HAVERI- 581104. 10. SMT. MEENAKSHI W/O HANUMANTHAPPA NAIK, AGE: 38 YEARS, OCC: HOUSEHOLD, R/O: JAKANIKATTI, TQ: SHIGGAON, DT: HAVERI–581193. …PETITIONERS (BY SRI. B.M. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT R/BY ITS SECRETARY, VIDHAN SOUDA, BENGALURU – 560001. 2. THE LAND TRIBUNAL HANGAL, BY ITS CHAIRMAN, TQ: HANGAL, DT: HAVERI– 581104. - 3 - NC: 2025:KHC-D:3322 WP No. 100615 of 2025 3. SHRI. RAYACHARYA @ RAMACHARYA S/O NARASHINHACHARYA TADAS, R/O: BOMMANHALLI, TQ: HANGAL, DT: HAVERI–581203. ….RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 & R2; NOTICE TO R3 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER, QUASH THE IMPUGNED ORDER PASSED BY THE 2ND RESPONDENT LAND TRIBUNAL, HANGAL SO FAR REJECTING THE CLAIM OF THE GRANT OF OCCUPANCY RIGHTS OF SY.NO. 13 MEASURING 1 ACRE 23 GUNTAS, SITUATED AT GUNDUR VILLAGE, HOBALI BOMMANHALLI, TALUKA HANGAL, DISTRICT HAVERI IN BEARING. NO. LRM.SR.78.37 CIA.SR-84 DATED. 03-12-1980 PRODUCED AT VIDE ANNEXURE-L BE PASSED & ETC., IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a) Issue a writ in the nature of certiorari or any other writ or order, quash the impugned order passed by the 2nd Respondent Land Tribunal, Hangal so far rejecting the claim of the grant of occupancy rights of Sy.No.13 measuring 1 acre 23 guntas, situated at Gundur Village, Hobali Bommanhalli, Taluka Hangal, District Haveri in Bearing. No.LRM:SR:78:37+CIA: SR-84 dated 03-12-1980 produced at vide Annexure-L be passed. - 4 - NC: 2025:KHC-D:3322 WP No. 100615 of 2025 b) Issue such any other writ or order or direction as deemed fit under the circumstances of the case be passed in the interest of justice and equity. 2. What is challenged is an order of the Land Tribunal dated 03.12.1980 at Annexure-L rejecting the application filed by the petitioners’ grandfather for grant of occupancy rights in Form-7. A perusal of the petition itself indicates that during the lifetime of petitioners’ grandfather, he did not challenge said rejection of Form-7 nor the father of the petitioners challenged it. It is only the petitioners, who have now come forward to challenge the said rejection order passed in the year 1980 on the ground that the petitioners are illiterate and did not know about the rejection. 3. I am unable to accept the said contention of the petitioners in as much as the order having been passed on 03.12.1980, action has been taken thereafter and petitioners cannot seek to unsettle all the actions taken from 1980 to 2025 over a period of 45 years. - 5 - NC: 2025:KHC-D:3322 WP No. 100615 of 2025 4. In that view of the matter, the writ petition being hit by the principles of delay and latches apart from limitation, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE AM LIST NO.: 1 SL NO.: 8