- 1 - NC: 2025:KHC-D:5264 WP No. 70312 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 70312 OF 2012 (LR-) BETWEEN: SMT.K. YELLAMMA W/O. KYADIGI RAMANNA @ RAMAIAH DEAD BY HER LR.S 1. SRI. G.K. THAKUR S/O. LATE KYADIGI RAMANNA @ RAMAIAH, AGE: 48 YEARS, OCC: AGRICULTURIST R/O. K.K. THOTA, POST: GUGGARAHATTI, WARD NO.4, BELLARY. 2. SMT. SANNAKKA W/O. GOVINDARAJULU, D/O. LATE KYADIGI RAMANNA @ RAMAIAH, AGE: 53 YEARS, OCC: AGRICULTURIST, R/O. K.K. THOTA POST, GUGGARAHATTI WARD NO.4, BELLARI. KYADIGI HONNURAPPA S/O. LATE RAMANNA @ RAMAIAH, SINCE DECEASED BY HIS LRS. 3. SMT. FAKEERAMMA W/O. LATE KYADAGI HONNURAPPA AGE: 76 YEARS, OCC: HOUSE WIFE, R/O.VI WARD, K.K. THOTA POST, GUGGARAHATTI TQ: DIST: BALLARI. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:5264 WP No. 70312 of 2012 4. SRI. K. YERRISWAMY S/O.LATE KYADAGI HONNURAPPA AGE: 58 YEARS, OCC: PEON RTO OFFICE, BELLARI. 5. SRI. K. MARANNA S/O. LATE KYADAGI HONNURAPPA, AGE: 51 YEARS, OCC: AGRIUCLUTRE, R/O. VI WARD, K.K. THOTA POST GUGGARAHATTI, TQ: DIST: BELLARI. 6. SRI. K. NAGESH S/O. KYADAGI HONNURAPPA AGE: 46 YEARS, OCC: AGRIUCLUTRE, R/O. VITH WARD, K.K. THOTA POST GUGGARAHATTI, TQ: DIST: BELLARY. …PETITIONERS (BY SRI. HANUMANTHAREDDY SAHUKAR, ADV. FOR P1, P2, P4-P6) AND: 1. THE ASSISTANT COMMISSIONER BELLARY SUB DIVISION, BELLARY. 2. THE TAHSILDAR BELLARY TALUK, DIST: BELLARI. 3. SRI. ERAIAH S/O. KOTAIAH AGE: MAJOR, R/O. NEAR BUS STAND, TUMUKURU. 4. SRI. SHAIKSHAVALI BASHA @ BHUSHA VALI S/O. MAHABU SAB, AGE: MAJOR, R/O. BANDIMOT BANGALORE ROAD - 3 - NC: 2025:KHC-D:5264 WP No. 70312 of 2012 BELLARI. (SINCE DIED ON 06.07.2013 CAUSE TITLE AMENDED VIDE ORDER DATED 19.03.2018 4A. SMT. B.S. NASIMA BANU W/O. LATE SHAIKSHAVALI BASHA @ BHUSHA VALI, AGE: 50 YEARS, OCC: HOUSE WIFE 4B. SRI. B.S. JAMEER S/O. LATE SHAIKSHAVALI BASHA @ BHUSHA VALI AGE: MAJOR, OCC: BUSINESS, 4C. SRI. B.S. SADIQ S/O. LATE SHAIKSHAVALI BASHA @ BHUSHA VALI AGE: MAJOR, OCC: BUSINESS, 4D. B.S. JAKIYA D/O. LATE SHAIKSHAVALI BASHA @ BHUSHA VALI AGE: MAJOR, OCC:HOUSE WIFE 4E. B.S. SABIA D/O. LATE SHAIKSHAVALI BASHA @ BHUSHA VALI AGE: MAJOR, OCC:HOUSE WIFE 4F. B.S. KHOUSAR D/O. LATE SHAIKSHAVALI BASHA @ BHUSHA VALI AGE: MAJOR, OCC: HOUSE WIFE 4G. B.S. NIJIYA D/O. LATE SHAIKSHAVALI BASHA @ BHUSHA VALI AGE: MAJOR, OCC: HOUSE WIFE - 4 - NC: 2025:KHC-D:5264 WP No. 70312 of 2012 5H. B.S. NASAREEN D/O. LATE SHAIKSHAVALI BASHA @ BHUSHA VALI AGE: MAJOR, OCC: HOUSE WIFE ALL ARE R/O. D.NO. 6/4, KAMELA ROAD, S.P. STREET, BALLARI. …RESPONDENTS (BY SRI. HANUMAREDDY, AGA FOR R1 & R2; R3- HELD SUFFICIENT; R4(A), R4(B) AND R4(C) -SERVED;) SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV. FOR R4(D-H); SRI. M.B. RADDI, ADV. FOR R5 TO R9(B) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: A. A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION QUASHING THE ORDER DATED 23.07.2011 IN APPEAL NO.319/2002 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL BANGALORE PRODUCED AS ANNEXURE-J AND THE ORDER DATED NIL.12.1999 BEARING NO.KANDAYA:PR.NO.1880/75-76-1183/74-75 PASSED BY THE RESPONDENT NO. PRODUCED AS ANNEXURE-G AND ALSO THE ORDER DATED 02.08.1983 BEARING NO.R.V.L R.M 1067/74-75 PASSED BY THE RESPONDENT NO.1 PRODUCED AS ANNEXURE-H. B. A WRIT IN NATURE OF MANDAMUS OR ANY OTHER WRIT OR ORDER OR DIRETION DIRECTING THE RESPONDENTS NO.1 AND 2 TO ENTER THE NAMES OF THE PETITIONERS NO.1 AND 2 IN THE REVENUE RECORDS IN RESPECT OF LAND BEARING SY.NO.1085 (OLD SY.NO.715 A(P)) MEASURING 6 ACRES SITUATED AT GUGGARAHATTI VILLAGE TQ:DIST:BELLARY, AS PER THE ORDER PASSED BY THE LAND TRIBUNAL VIDE ANNEXURE-A, AND TO ENTER THE NAMES OF THE PETITIONERS 3 TO 6 IN THE REVENUE RECORDS IN RESPECT OF LAND BEARING SY.NO.1085 (OLD SY.NO.715A(P)) MEASURING 3 ACRES 50 CENTS SITUATED AT GUGGARAHATTI VILLAGE TQ:DIST:BELLARY AS PER THE ORDER PASSED BY THE LAND TRIBUNAL VIDE ANNEXURE-B. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: - 5 - NC: 2025:KHC-D:5264 WP No. 70312 of 2012 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioners have approached this Court, seeking issuance of writ in the nature of Certiorari, to quash the order dated 23.07.2011 passed by Karnataka Appellate Tribunal, Bangalore (for short, ‘the KAT’), produced as per Annexure-J, the order passed by respondent No.2, produced as per Annexure-G, the order dated 02.08.1983 passed by respondent No.1, produced as per Annexure-H and also to issue a writ of Mandamus, directing respondent Nos.1 and 2 to enter the names of respondent Nos.1 and 2 in the revenue records in respect of the land granted in their favour by the Land Tribunal as per Annexure-B. 2. Heard Sri. Hanumanthareddy Sahukar, learned counsel for petitioner Nos.1, 2 and 4 to 6, Sri. T. Hanumareddy, learned Additional Government Advocate for respondent Nos.1 and 2, Sri Mallikarjunswamy B. Hiremath, learned counsel for respondent No.4(d-h) and Sri M.B. Raddi, learned counsel for respondent Nos.5 to 9(B). Respondent Nos.4(a), R4(b) and R4(c) are served, but they remained unrepresented. Perused the materials on record. - 6 - NC: 2025:KHC-D:5264 WP No. 70312 of 2012 3. The Tahsildar, Bellary has passed the impugned order as per Annexure-G during December, 1999, noticing that patta was granted in Form No.10 in favour of 3 different persons for a total extent of 17.50 acres, whereas the actual land available was only 12.50 acres. It was held that there is shortage of 5 acres of land to actually effect mutation in the name of grantees. Therefore, he ordered to refer the matter to the Land Tribunal to consider the difference in the extent and to correct the mistake. The said order was challenged before the Deputy Commissioner, who rejected the revision and confirmed the order of the Tahsildar. Being aggrieved by the same, the petitioners have approached the KAT, Bengaluru, vide order dated 23rd July 2011 which was came to be rejected confirming the order of Tahsildar, Bellary. Therefore, the petitioners are before this Court. 4. It is the contention of the petitioners that the Land Tribunal has granted occupancy right in respect of 6 acres of land in Sy.No.715A(P) situate at Bellary in favour of the father of the petitioner Nos.1 and 2 vide order dated 24.05.1976. But on going through the said order produced as per Annexure-A, the Tribunal has made it very clear that the confirmation of - 7 - NC: 2025:KHC-D:5264 WP No. 70312 of 2012 occupancy right is as per boundaries mentioned in the statement of the appellant, but it will subject to survey measurement and payment of premium as determined under Section 47 of the KLR Act. The Tahsildar, while passing the impugned order observed in detail about the total extent of land in Sy.No.715 of Bellary as 12.50 acres, and granting of occupancy right by the Land Tribunal to different persons to an extent of 17.50 acres, and held that there is shortage of 5 acres of land to enter the name of petitioners as the occupants. 5. The point raised by the Tahsildar is genuine as there is shortage of 5 acres of land to mutate the name of petitioners as per the order of the Land Tribunal granting occupancy right. The Deputy Commissioner, in the revision upheld the order of the Tahsildar assigning similar reasons. In the appeal preferred by the KAT, it has observed at length in para 23 and highlighted that “there is shortage of 5 acres of land” and therefore, the order passed by the Land Tribunal is to be revised by the Land Tribunal itself. 6. When such glaring mistake is made by the Land Tribunal by confirming occupancy right in favour of three - 8 - NC: 2025:KHC-D:5264 WP No. 70312 of 2012 different persons which is in excess of the land available in Sy.No.715, the remedy lies with the Tribunal to correct the same in view of second proviso to Section 48 A (6) of KLR Act. Under such circumstances, I am of the opinion that the Tahsildar was right in passing the impugned order, and I do not find any reason to interfere with the same. Accordingly, I proceed to pass the following: ORDER The writ petition stands dismissed. Sd/- (M.G.UMA) JUDGE MKM CT:ANB List No.: 2 Sl No.: 3