- 1 - NC: 2025:KHC:17212 WP No. 15067 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 15067 OF 2023 (LR) BETWEEN: 1. SRI. NARESH BHAT .U.C SON OF LATE U.C.K BHAT AGED ABOUT 46 YEARS PRESENTLY R/AT 186 FERNS MEADOWS AVALAHALLI ROAD BILESHVALE, KOTHANUR BENGALURU-560 077. 2. ARUNA K. BHAT W/O LATE U.C.K. BHAT AGED ABOUT 76 YEARS R/AT 149 AICOBOO NAGAR 13TH MAIN, 1ST CROSS BTM LAYOUT BANGALORE-560 029. 3. NIKHIL BHAT U.C. S/O LATE U.C.K BHAT AGED ABOUT 45 YEARS R/AT 149 AICOBOO NAGAR 13TH MAIN, 1ST CROSS BTM LAYOUT BANGALORE-560029. 4. NEETHI BHAT U.C. D/O LATE U.C.K BHAT AGED ABOUT 38 YEARS R/AT 902 TOWER 4 L&T RAINTREE BOULEVARD Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17212 WP No. 15067 of 2023 HEBBAL BANGALORE-560 092. …PETITIONERS (BY SRI. MANU .P KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE MULTI STORIED BUILDING BENGALURU - 560001. 2. THE PRESIDENT LAND TRIBUNAL MANGALURU-575 001 DAKSHIN KANNADA DISTRICT 3. SRI. ESHWAR SHETTY SON OF LATE PARAMESHWARI SHETTY AGED ABOUT 55 YEARS RESIDING AT SOMESHWARA VILLAGE ULLALA TALUK-575 002. DAKSHIN KANNADA DISTRICT 4. SRI. GANAPATHY ACHARI SON OF LATE MANJAYYA ACHARI AGED ABOUT 53 YEARS RESIDING AT SOMESHWARA VILLAGE ULLALA TALUK-575 002. DAKSHINA KANNADA DISTRICT 5. SUNDARI SHETTY MAJOR IN AGE W/O LATE PARAMESHWARA SHETTY 6. SUGANDHI B. SHETTY MAJOR IN AGE W/O BALAKRISHNA SHETTY - 3 - NC: 2025:KHC:17212 WP No. 15067 of 2023 7. SUNANDA V. SHETTY MAJOR IN AGE W/O VISHWANATHA SHETTY 8. SUMITHRA M. SHETTY MAJOR IN AGE W/O MOHAN SHETTY 9. SUMALATHA S. POONJA MAJOR IN AGE W/O SRIDHARA POONJA ALL ARE R/AT SOMESHWARA VILLAGE ULLALA TALUK DAKSHIN KANNADA DISTRICT. …RESPONDENTS (BY SRI. MANJUNATH .K, HCGP FOR R1 AND R2; SRI. S.A. SUDHINDRA, ADVOCATE FOR R3 AND R5 TO R9; SRI. AKASH B. SHETTY, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS BEFORE THE LAND TRIBUNAL, DAKSHINA KANNADA DISTRICT IN L.R.T. NOs. 2991/78-79, 3024/78-79 AND 2970/78-79, QUASH THE IMPUGNED ORDER DATED 10/02/2023 PASSED BY LAND TRIBUNAL, DAKSHINA KANNADA DISTRICT IN L.R.T. NOs. 2991/78-79, 3024/78-79 AND 2970/78-79 (ANNEXURE-J) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 4 - NC: 2025:KHC:17212 WP No. 15067 of 2023 ORAL ORDER 1. This petition is filed by the petitioners – landlords challenging the conferment of occupancy rights in favour of respondent Nos.3 to 9. 2. Today a joint memo is filed whereby respondent Nos.3 to 9 have stated that they are withdrawing the Form No.7 filed by them and their claim for tenancy and they have no objection for the writ petition to be allowed. 3. The copy of the joint memo reads as follows: 1. “The Petitioners are the owners of the lands bearing Sy.Nos.6/2 and 6/4, Someshwara Village, Mangaluru Taluk, under the jurisdiction of Ullal Taluk, Dakshin Kannada District (the 'Subject Land'). Petitioners Nos. 2 to 4 are represented before this Hon'ble Court by their Power of Attorney holder, Petitioner No.1. Copy of the Power of Attorney dated 04.01.2025 executed by Petitioner Nos. 2 to 4 in favour of Petitioner No.1 is produced herewith as Annexure - A. 2. Respondent Nos. 3 to 9 are claimants of occupancy rights over the Subject Land and have filed Form No. 7 before the Land Tribunal, Dakshina Kannada District, seeking grant of occupancy rights. Respondent Nos. 3 - 5 - NC: 2025:KHC:17212 WP No. 15067 of 2023 & 5 to 9 are represented by their Power of Attorney holder, Respondent No.8. Copies of Powers of Attorney dated 07.02.2025 and 21.02.2025, executed in favour of Respondent No.8 are produced as Annexures B & B1. 3. Respondent No.4 is represented by his Power of Attorney holder and brother, Mr. P. Damodara Acharya, vide Power of Attorney dated 25.02.2025. Copy of Power of Attorney dated 25.02.2025 is produced herewith as Annexure C. 4. After the filing of the captioned matter, the Petitioners and Respondent Nos. 3 to 9, on the advice of well-wishers, attempted to arrive at an amicable settlement of their disputes. Accordingly, Respondent Nos. 3 to 9 have agreed to withdraw their claims over the Subject Land by consenting to the allowing of this writ petition by this Hon'ble Court, vide agreements dated 05.03.2025. Copy of agreements dated 05.03.2025 executed by Respondent Nos. 3, 5 to 9 and Respondent No.4 in favour of the Petitioners are produced as Annexures D & D1. 5. Hence, this memo praying that this Hon'ble Court be pleased to allow the writ petition and dismiss Respondent Nos. 3 to 9's claims over the Subject Land”. 4. In my view, since the contesting respondent Nos.3 to 9 are withdrawing the Form No.7, the writ petition will have to be allowed and the impugned order will have to be set aside. - 6 - NC: 2025:KHC:17212 WP No. 15067 of 2023 5. Consequently, this writ petition is allowed and the impugned order is set aside. 6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 107