- 1 - NC: 2025:KHC-D:5610 WP No. 71475 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 71475 OF 2012 (LR-) BETWEEN: 1. SRI. RAMACHANDRA S/O. LATE NARAYANA BHAT, AGE: 42 YEARS, OCC: AGRICULTURE, R/AT: SAVAGADDE KICHUPALU ANGOD POST, YELLAPUR TALUK, NORTH KANARA DISTRICT. 2. SRI. MAHABALESHWARA S/O. LATE NARAYANA BHAT AGE: 40 YEARS, OCC: AGRICULTURE, R/AT: SAVAGADDE, KICHUPALU, ANGOD POST, YELLAPUR TALUK, NORTH KANARA DISTRICT. …PETITIONERS (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560001 R/BY ITS PRINCIPAL SECRETARY 2. LAND TRIBUNAL YELLAPURA R/BY ITS CHAIRMAN /TAHASILDAR OFFICE OF THE TAHASILDARA YELLAPURA TALUK, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:5610 WP No. 71475 of 2012 YELLAPURA NORTH KANARA DISTRICT. 3. SRI. GOPALKRISHNA S/O.LATE NARAYANA BHAT, AGE: 51 YEARS, OCC: AGRICULTURE, R/AT: SAVAGADDE KICHUPALU ANGOD POST, YELLAPUR TALUK, NORTH KANARA DISTRICT. 4. SRI. LAXMINARAYANA S/O.LATE NARAYANA BHAT, AGE: 48 YEARS, OCC: AGRICULTURE, R/AT: SAVAGADDE KICHUPALU,ANGOD POST, YELLAPURA TALUK, NORTH KANARA DISTRICT. 5. SRI. SRIDHAR S/O.LATE NARAYANA BHAT, AGE: 46 YEARS, OCC: AGRICULTURE, R/AT: SAVAGADDE, KICHUPALU, ANGOD POST, YELLAPUR TALUK, NORTH KANARA DISTRICT. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 & R2; SRI. S.R. HEGDE, ADVOCATE FOR R3 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: A. CALL FOR THE ENTIRE RECORDS ARISING OUT OF THE ORDERS PASSED BY THE 2ND RESPONDENT BEARING NO.KLR- SR.16+1098 DATED 21.08.2012 VIDE ANNEXURE-A TO THIS WRIT PETITION. B. ISSUE A WRIT OF CERTIORARI OR SUCH OTHER WRIT, DIRECTION OR ORDER TO QUASH THE ORDER PASSED BY THE 2ND RESPONDENT BEARING NO.KLR-SR.16+1098 DATED 21.08.2012 VIDE ANNEXURE-A TO THIS WRIT PETITION. - 3 - NC: 2025:KHC-D:5610 WP No. 71475 of 2012 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioners have filed this petition seeking issuance of writ in the nature of Certiorari to quash the order dated 21.08.2012 passed by the Land Tribunal, Yellapura, produced as per Annexure-A. 2. Heard Sri. Mallikarjunaswamy B. Hiremath, learned counsel for the petitioners, Sri. T.Hanumareddy, learned Additional Government Advocate for respondent Nos.1 and 2 and Sri S.R.Hegde, learned counsel for respondent Nos.3 to 5. Perused the materials on record. 3. It is contended that one Narayana Bhat was the tenant in respect of 3 items of properties referred to in the impugned order. He filed Form No.7. The dispute regarding conferring occupancy right was finally decided by the Division Bench of this Court in W.A.No.707/2007, which is produced as per Annexure-C. The Division Bench - 4 - NC: 2025:KHC-D:5610 WP No. 71475 of 2012 of this Court, while allowing the appeal quashed the order of the Land Tribunal along with the order of the learned Single Judge, and instead of remanding the matter to the Land Tribunal, allowed Form No.7 filed by the applicant, directing the Land Tribunal to confer occupancy right in his favour. It is thereafter, respondent Nos.3 and 5 appears to have filed W.A.No.6504/2010 which came to be dismissed by the Division Bench of this Court as per order dated 27.05.2011. The Division Bench has recorded a finding that if the land is shown to be the joint family property, or otherwise, the persons who are legal heirs of the original applicant, are entitled to legitimate share, in accordance with law, and if their rights are denied, it is open for them to pursue their grievance before the appropriate forum. Therefore, it is held that the writ appeal filed by respondent Nos.3 and 5 is misconceived. It is thereafter, respondent Nos.3 and 5 have approached the Land Tribunal to confer occupancy right in their favour, and accordingly the impugned order has been passed. - 5 - NC: 2025:KHC-D:5610 WP No. 71475 of 2012 4. In the impugned order produced as per Annexure- A, the Land Tribunal refers to the orders passed in W.A.No.707/2007 and 6504/2010, by the Division Bench of this Court, and confers of occupancy right in favour of five children of V.Narayana Bhat. The petitioners herein are claiming to be the wife and children of deceased V.Narayana Bhat. It is stated that a suit for partition and separate possession was filed by respondent No.5, is pending before this Court in RSA.No.100817/2023. Therefore, the claim of the petitioners and the contesting respondents will be subject to the final result of the suit. In the meantime, the Tribunal could not have passed the impugned order as per Annexure-A. Hence, I am of the opinion that the impugned order, produced as per Annexure-A is liable to be quashed. Accordingly, I proceed to pass the following: ORDER (i) The petition is allowed. - 6 - NC: 2025:KHC-D:5610 WP No. 71475 of 2012 (ii) The impugned order dated 21.08.2012 passed by respondent No.2-Land Tribunal, Yellapura in KLR-SR.16+1098 vide Annexure-A, is hereby quashed. (iii) It is made clear that the rights of the petitioners and contesting respondents will be subject to the final result of the suit now pending in RSA.No.100817/2023 before this Court. Sd/- (M.G.UMA) JUDGE MKM CT:ANB List No.: 2 Sl No.: 8