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2025 DAILYLAW 30295 (KAR)

K DEVAPPA SUVARNA v. STATE OF KARNATAKA

WP/20674/2024 · 2025-04-04

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:14441 WP No. 20674 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 20674 OF 2024 (LR) BETWEEN: 1. K DEVAPPA SUVARNA AGED ABOUT 74 YEARS, R/BY GPA HOLDER 2. SMT. VASANTHI AGED ABOUT 71 YEARS, BOTH THE PETITIONERS ARE THE CHILDREN OF LATE RADHA AND SHEENA MENDON, R/AT RIVERSIDE, MOODUTHONSE VILLAGE, KALLIANPUR POST, UDUPI-576 114. …PETITIONERS (BY SRI. NATARAJA BALLAL, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, BANGALORE-560 001 REP. BY ITS SECRETARY TO GOVERNMENT. 2. THE LAND TRIBUNAL UDUPI TALUK AND DISTRICT, REPRESENTED BY ITS SECRETARY PIN-576 101. 3. SMT T. VINODA PAI AGED ABOUT 70 YEARS, 4. SRI T RAMDAS PAI AGED ABOUT 68 YEARS, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14441 WP No. 20674 of 2024 5. SRI T MADHAV PAI AGED ABOUT 65 YEARS, 6. SRI T SURESH PAI AGED ABOUT 62 YEARS, 7. SRI T RAMESH PAI AGED ABOUT 58 YEARS, 8. SMT T SHAILAJA PAI AGED ABOUT 56 YEARS, RESPONDENT NOS.3 TO 8 ARE CHILDREN OF LATE T GOPALAKRISHNA PAI, NO.3 TO 8 ARE ALL R/AT DOOR NO.2-55, KOTE ROAD, KALLIANPUR, UDUPI-576 114. 9. BHAVANI SHANKAR RAO AGED ABOUT 74 YEARS, EMPLOYED IN UDUPI WEAVER'S CO-OPERATIVE SOCIETY, R/O NITTUR, PUTTUR TALUK, D.K. DISTRICT-576 103. …RESPONDENTS (BY SMT. CHANDINI S., HCGP FOR R1 & R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS QUASH THE ORDER DTD. 26.08.2022 PASSED BY THE R-2 IN PROCEEDINGS NO. LRY.63-404-442-TR1-10864-10642/81-82 REJECTING THE APPLICATION FOR CONFERMENT OF OCCUPANCY RIGHT TO THE PETITIONERS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:14441 WP No. 20674 of 2024 ORAL ORDER 1. The tenants are before this Court challenging an order of the Land Tribunal by which the claim for conferring the agricultural land has been rejected. 2. The Land Tribunal in order to come to the conclusion that the tenants were ineligible for being conferred with the occupancy rights has taken note of the fact that in the lands in question the tenants admitted that there is a go-down and the Tribunal also found that, if, in a small extent of land, there was a go down in existence, the question of the tenants cultivating remaining portion as an agricultural land could not be tenable. 3. In my view, this reasoning given by the Tribunal cannot be found fault with. 4. I find no reason to entertain this writ petition, this writ petition is therefore dismissed. - 4 - NC: 2025:KHC:14441 WP No. 20674 of 2024 5. 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.: 4