- 1 - NC: 2025:KHC-D:6361 WP No. 104254 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 104254 OF 2014 (LR) BETWEEN: MADHUKAR S/O. SHESHAGIRI BHAT, AGED ABOUT 78 YEARS, OCC: AGRICULTURIST, R/O: NEAR VENKATRAMAN TEMPLE, MAVALLI-I, POST:MURDESHWAR - 581 350. TQ: BHATKAL, DIST: UTTARA KANNADA. …PETITIONER (BY SRI. GANAPATI M. BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BANGALORE-560 001. 2. THE LAND TRIBUNAL, BHATKAL BY ITS CHAIRMAN, THE ASSISTANT COMMISSIONER, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA. 3. THE TAHASILDAR, BHATKAL OFFICE OF THE TAHASILDAR, BHATKAL. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:6361 WP No. 104254 of 2014 4. SRI. MASTI S/O. KEPPA NAIK SINCE DECEASED BY HIS LR’S. 4a. SMT. DURGI KOM. MASTI NAIK, AGED ABOUT 50 YEARS, OCC: HOUSEHOLD, R/O: KODSULA, POST: KAIKINI, TQ: BHATKAL, DIST: UTTARA KANNADA SINCE DECEASED BY HER LR RESPONDENT NO.4(b) 4b. SMT. MASTAMMA, KOM. LACHMAYYA NAIK, AGED ABOUT 35 YEARS, OCC: HOUSEHOLD WORK, R/O. KODSULA, POST: KAIKINI, TQ: BHATKAL, DIST: UTTARA KANNADA. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3; R4(A) – DECEASED; R4(B) – SERVED; R4(B) IS TREATED AS LR OF DECEASED R4(A) ------- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI BY QUASHING THE ORDER DATED 19.04.1979 IN NO.L.R.M.11/425 PASSED BY THE LAND TRIBUNAL, BHATKAL IN SO FAR AS CONFIRMING OCCUPANCY RIGHTS TO MASTI KEPAA NAIK ON SY.NO.787/1 OF MAVALLI-II VILLAGE PRODUCED AT ANNEXURE- H. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA - 3 - NC: 2025:KHC-D:6361 WP No. 104254 of 2014 ORAL ORDER 1. The petitioner has approached this Court seeking issuance of writ in the nature of Certiorari to quash the order dated 19.04.1979, produced as per Annexure-H, insofar as conferring occupancy right in favor of respondent No.3, in respect of Survey No.787/1 of Mavalli-II Village. 2. Heard Sri. Ganapati M. Bhat, learned counsel for the petitioner and Sri. T. Hanumareddy, learned AGA for respondent Nos. 1 to 3. Perused the materials on record. 3. It is the contention of the petitioner that, respondent No.4, as tenant, claimed occupancy right in respect of several items of properties situated at Mavalli-II Village of Bhatkal Taluk. The Land Tribunal passed the impugned order as per Annexure-H conferring occupancy right in respect of 9 items of properties. In the body of the impugned order, the Tribunal unequivocally stated that, survey No.787/1 is - 4 - NC: 2025:KHC-D:6361 WP No. 104254 of 2014 wrongly mentioned by respondent No.4 tenant and it should have been Survey No.287/T. But in spite of that, in the operative portion of the order, occupancy right was conferred in favor of respondent No.4 as a tenant in respect of 9 items of properties, including Survey No.787/1, which is apparently a mistake committed by the Land Tribunal. 4. Therefore, I am of the opinion that, conferring occupancy right by the Land Tribunal in favour of respondent No.4 only in respect of survey No.787/1, which, even according to the Land Tribunal, is wrongly shown as a tenanted land, is to be set aside. Accordingly I proceed to pass the following: ORDER i. Writ Petition is allowed. ii. Order dated 19.04.1979 passed by the Land Tribunal, Bhatkal, in No.L.R.M.11/425, produced as per Annexure-H, only in respect of - 5 - NC: 2025:KHC-D:6361 WP No. 104254 of 2014 Survey No.787/1 of Mavalli-II Village of Bhatkal Taluk, is quashed. Sd/- (M.G.UMA) JUDGE gab CT:ANB List No.: 1 Sl No.: 15