- 1 - HC-KAR NC: 2025:KHC:20208 WP No. 47107 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.47107 OF 2013 (LR) BETWEEN: SRI. LINGA POOJARY S/O LATE MAHLINGA POOJARY, AGED ABOUT 57 YEARS, R/AT VYSHALI HOUSE, KORAVADI, KUMBASHI POST, KUNDAPURA TALUK, UDUPI DISTRICT. …PETITIONER (BY SRI. PRASANNA B R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENED BY ITS REVENUE SECRETARY, VIKASA SOUDHA, BENGALURU - 560 001. 2. THE LAND TRIBUNAL KUNDAPURA TALUK, KUNDAPURA UDUPI DISTRICT. 3. SRI. PETER T. MENEZES S/O IGNESIOUS MENEZES, AGED ABOUT 70 YEARS, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20208 WP No. 47107 of 2013 HALAVLLIVE, KOTESHVARA VILLAGE AND POST, UDUPI DISTRICT. 4. SMT. JANAKI W/O. KARUNAKARA POOJARI, AGED ABOUT 53 YEARS, RESIDING AT NO.6-147, SUSHIMITHA NILAYA, KOTESHWARA VILLAGE, HANGALURU POST, KUNDAPURA TALUK, UDUPI DISTRICT. …RESPONDENTS (BY SRI. K.P.YOGANNA, AGA FOR R1 & R2; SRI. NAGARAJA HEGDE, ADVOCATE FOR R3; SRI. K. CHANDRANATH ARIGA, ADVOCATE FOR R4) ************** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 05.06.2010 MADE IN L.R.F.C.R. 235/05-06 PASSED BY THE LAND TRIBUNAL RESPONDENT NO.2 VIDE ANNEXURE-E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:20208 WP No. 47107 of 2013 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this Writ Petition, petitioner is assailing the order dated 05.06.2010 in LRF.C.R.235/2005-06 passed by respondent No.2 - Land Tribunal (Annexure-E). 2. The facts in nutshell for the purpose of adjudication of the Writ Petition are that the petitioner claims to be the owner in possession of the land bearing Sy.No.4/3 of Koteshwara Village, Kundapura Taluk, Udupi District, to an extent of 14 cents having purchased the same from one Mrs. Monica Menezes w/o Albert Menezes and her children as per registered Sale Deed dated 13.08.1992 (Annexure-A). It is further stated that, the mutation entries and RTC extract stand in the name of the petitioner in respect of the subject land. It is further contended that, one Mr. Ignatious Menezes said to be the father of respondent No.3, has filed Form No.7 claiming occupancy right in respect of the land bearing Sy.No.4/1H2 measuring to an extent of 22 cents and in Sy.No.4/1B measuring 22 cents before the Land Tribunal and the Land Tribunal, by Order dated - 4 - HC-KAR NC: 2025:KHC:20208 WP No. 47107 of 2013 18.08.1981 granted occupancy rights in favour of father of the third respondent herein as per Annexure-C and same has reached finality. It is further stated in the petition that after the death of Ignatious Menezes - father of respondent No.3, the respondent No.3 has made an application on 23.03.2010 before the Land Tribunal claiming amendment of the order dated 18.08.1981 and the Land Tribunal, by order dated 05.06.2010, allowed the application as per Annexure-E. It is contended in the Writ Petition that, the petitioner has filed an appeal before the Assistant Commissioner, Kundapura, in respect of the mutation proceedings in M.R.79/2003-04 and in the said appeal, the respondent No.3 has contended that, the Land Tribunal has granted 7 cents of land in the name of Mr.Ignatious Menezes and thereafter the petitioner has made an application before the Land Tribunal seeking documents and came to know about the rectification of the original order passed by the Land Tribunal as per Annexure-C, and being aggrieved by the same, the present Writ Petition is filed. 3. I have heard Sri.Prasanna B.R., learned counsel for the petitioner, Sri. K.P. Yoganna, learned Additional Government - 5 - HC-KAR NC: 2025:KHC:20208 WP No. 47107 of 2013 Advocate for respondent Nos.1 and 2, Sri. Nagaraja Hegde, learned counsel appearing for the respondent No.3 and Sri. K. Chandranath Ariga, learned counsel for respondent No.4. 4. Sri. Prasanna B.R., learned counsel appearing for the petitioner contended that, once the order has been passed by the Land Tribunal conferring occupancy rights in favour of the claimant as per Annexure-C, the said authority has no authority under law to pass one more order as per Annexure-E, decreasing the extent of land from 38 cents to 7 cents and accordingly, submitted that the said order passed by the Land Tribunal at Annexure-E requires to be interfered with in this Writ Petition. He further contended that, the Land Tribunal while passing the order at Annexure-E has not extended fair opportunity of hearing to the petitioner herein and therefore, sought for interference of this Court. 5. Per contra, Sri. K. Chandranath Ariga, learned counsel appearing for the respondent No.4 and Sri. Nagaraja Hegde, learned counsel appearing for the respondent No.3, invited the attention of the Court to second proviso to S.48A(6) of the Karnataka Land Reforms Act, 1961, and contended that, the - 6 - HC-KAR NC: 2025:KHC:20208 WP No. 47107 of 2013 Land Tribunal on the application made by either of the parties is empowered to correct any clerical or arithmetical mistake in the earlier order and therefore, it is submitted by the learned counsel that no interference is called for in this Writ Petition. 6. Sri. K.P. Yoganna, learned Additional Government Advocate, sought to justify the impugned order at Annexure-E. 7. In the light of the submissions made by the learned counsel appearing for the parties, on careful examination of writ papers, would indicate that the Land Tribunal, on the first instance, as per order dated 18.08.1981 (Annexure-C) has conferred occupancy rights in favour of claimant therein to an extent of 38 cents in land bearing Sy.No.4/3 (Portion 2). However, the said order at Annexure-C was rectified by the respondent No.2 - Land Tribunal by reducing the extent of land to 7 cents from earlier grant of 38 cents, as per Annexure-E. On careful examination of the order at Annexure-E would indicate that a fair opportunity of hearing has not been extended to the petitioner herein. It is also clear that while making any correction in the earlier Order, the Land Tribunal ought to have considered the claim made by the petitioner - 7 - HC-KAR NC: 2025:KHC:20208 WP No. 47107 of 2013 herein before taking any decision in the matter. It is also to be noted as per Annexure-E that, there is no notice issued to the petitioner herein. Accordingly, taking into consideration that a fair opportunity has to be given to all the parties concerned before making any correction in the original order, I am of the view that, the petitioner has made out a case for interference in this Writ Petition. Accordingly, I pass the following: ORDER (i) The Writ Petition is allowed. (ii) The Order dated 05.06.2010 in L.R.F.C.R.235/2005- 06, passed by respondent No.2 - Land Tribunal, Kundapura Taluk, is hereby set aside, only in respect of the land bearing Sy.No.4/3(P2) of Koteshwara Village, Kundapura Taluk, in terms of the rectification made by the Land Tribunal as per Annexure-E and matter is remitted to Land Tribunal for fresh consideration. (iii) It is made clear that all the contentions of the parties in so far as land bearing Sy.No. 4/3(P2) of Koteshwara Village, Kundapura Taluk, to an extent of 38 cents and any - 8 - HC-KAR NC: 2025:KHC:20208 WP No. 47107 of 2013 subsequent events including sale deeds made in favour of the respondents, are kept open. Land Tribunal shall afford opportunity of hearing to all the parties concerned in the light of the observations made hereinabove. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 47