- 1 - NC: 2025:KHC:12902 WP No. 47277 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 47277 OF 2016 (KLR-RR/SUR) BETWEEN: 1. SRI LAKSHMANA POOJARY S/O LATE MERLI HENGSU AGED ABOUT 65 YEARS R/O SABJADI MANE TALLUR VILLAGE, KUNDAPURA TALUK UDUPI DISTRICT-576201 2. SMT MUTTHU D/O LATE MERLI HENGSU AGED ABOUT 58 YEARS R/O SABJADI MANE, TALLUR VILLAGE KUNDAPURA TALUK UDUPI DISTRICT-576201. 3. SMT LAKSHMI D/O LATE NEELU POOJARTHI AGED ABOUT 60 YEARS R/O SABJADI MANE TALLUR VILLAGE, KUNDAPURA TALUK UDUPI DISTRICT-576201. 4. SRI BASAVA POOJARY S/O LATE NEELU POOJARTHI AGED ABOUT 57 YEARS R/O SABJADI MANE TALLUR VILLAGE, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12902 WP No. 47277 of 2016 KUNDAPURA TALUK UDUPI DISTRICT-576201. …PETITIONERS (BY SRI. K PRASANNA SHETTY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO REVENUE DEPARTMENT VIDHANA SODUHA BENGALURU-560001 2. THE ASSISTANT COMMISSIONER KUNDAPURA TALUK KUNDAPURA-576201 3. SRI VINAYA PAIS S/O PAVASTINE JOSEPH AGED ABOUT 47 YEARS R/O SABJADI MANE TALLUR VILLAGE KUNDAPURA TALUK UDUPI DISTRICT-576201 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 & R-2; SMT. NEERAJA KARANTHA., ADVOCATE FOR C/R-3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS FROM THE R-2 WHICH RESULTED IN PASSING THE ORDER ANNEXURE-A DATED.8.7.2016 MADE BY THE R-2, ETC. - 3 - NC: 2025:KHC:12902 WP No. 47277 of 2016 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The rejection of Form Nos.7 is called in question in this writ petition. 2. The Land Tribunal has rejected Form Nos.7 essentially on the ground that the lands in question are Punja lands and it was noticed that the lands were not brought under cultivation and there were naturally grown trees which were more than 80 years old and therefore, the applications for confirmation of occupancy rights were untenable. 3. In my view, in light of the clear finding of fact recorded by the Land Tribunal that the lands in question are Punja lands and were not brought to cultivation, and in light of the settled position that Punja lands cannot be the subject matter of Form - 4 - NC: 2025:KHC:12902 WP No. 47277 of 2016 No.7, there is no infirmity in the order passed by the Land Tribunal. 4. The writ petition is therefore dismissed. 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 52