- 1 - NC: 2025:KHC:17563 WP No. 22232 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 22232 OF 2023 (LR) BETWEEN: 1. SMT. ANJANA @ GAYATHRI BALIGA AGED ABOUT 55 YEARS W/O SRI M. GANESH BALIGA SEETHA SADAN, MANNAGUDDA MANGALURU D K-575003. 2. SMT. VILASINI GAMBHIR AGED ABOUT 68 YEARS D/O JANAKI SHETTY R/AT SHRISTI, SANKAIGUDDE BEJAI NEW ROAD, MANGALORE-575004. 3. SMT. VIJETHA RAI AGED ABOUT 43 YEARS D/O VILASINI GAMBHIR R/AT BANK COLONY BANNERGHATTA ROAD BENGALURU-560 076. 4. MS. TRISHA AGED ABOUT 19 YEARS D/O VIJETHA R/AT BANK COLONY BANNERGHATTA ROAD BENGALURU-560076. 5. SMT. VINEETHA GAMBHIR Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17563 WP No. 22232 of 2023 AGED ABOUT 41 YEARS D/O VILASINI GAMBHIR R/AT VIKASA, SHARANANAGAR TANKBUND ROAD, GULBARGA-585101. 6. VIKASITHA GAMBHIR AGED ABOUT 37 YEARS D/O VILASINI GAMBHIR R/AT VIKASA, SHARANAGAR TANKBUND ROAD GULBARGA-585101. 7. SMT. SUHASINI SHETTY AGED ABOUT 77 EYARS D/O JANAKI SHETTY R/AT MURUGOD LANE NEAR RAILWAY STATION KHANAPUR-591302. 8. SMT. NAYANA RAI AGED ABOUT 57 YEARS D/O SUHASINI SHETTY W/O JAIKISHAN RAI R/AT MATADAKANNI MANGALORE-575003. 9. MR. RITHIK RAI AGED ABOUT 30 YEARS S/O NAYANA RAI R/AT MATADAKANNI MANGALORE-575003. 10. SMT. SUJALA AGED ABOUT 53 YEARS D/O SUHASINI SHETTY R/AT LIC OF INDIA KHOLAPUR-416001. 11. MR ABHIJEETH AGED ABOUT 29 YEARS S/O SMT. SUJALA - 3 - NC: 2025:KHC:17563 WP No. 22232 of 2023 R/AT LIC OF INDIA KHOLAPUR-416001. 12. MS. SHRUTIKA AGED ABOUT 23 YEARS D/O SUJALA R/AT LIC OF INDIA KHOLAPUR-416001. 13. SMT. SNEHA MARLA AGED ABOUT 49 YEARS D/O SUHASINI SHETTY R/AT MURGOD LANE NEAR RAILWAY STATION KHANAPUR-591302. 14. MR. SANMAY AGED ABOUT 18 YEARS S/O SNEHA MARLA R/AT MURGOD LANE, NEAR RAILWAY STATION KHANPUR-591302. 15. MR. PRAVEEN KUMAR SHETTY AGED ABOUT 74 YEARS S/O JANAK SHETTY R/AT NEAR JARANDAYA TEMPLE BOLOOR, MANGALORE-575003. 16. MR. RAVINDARANATH SHETTY AGED ABOUT 67 YEARS S/O JANAKI SHETTY R/AT KAVYANIKETHAN SANKAIGUDDA, BEJAI NEW ROAD MANGALORE-575004. PETITIONERS NO. 4, 9, 11, 12 AND 14 ARE REP BY GPA HOLDER, PETITIONER NO.1 PETITIONERS NO. 2, 3, 5 TO 8, 10, 13, 15 AND 16 ARE REP. BY GPA HOLDER SRI. M. GANESH BALIGA - 4 - NC: 2025:KHC:17563 WP No. 22232 of 2023 AGED 63 YEARS S/O GOPAL KRISHNA BALIGA …PETITIONERS (BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING, BENGALURU-560001. REP BY ITS SECRETARY 2. THE LAND TRIBUNAL MANGALORE TALUK MANGALORE, D K-575001. REP BY ITS CHAIRMAN 3. SRI. SANJEEVA POOJARY MAJOR S/O KRISHNA POOJARY BAJPE VILLAGE AND POST MANGALORE TALUK, D.K.-574142. …RESPONDENTS (BY SMT. CHANDINI .S, HCGP FOR R1 AND R2; SRI. RAKESH KINI, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25/08/1981 PASSED BY THE R2 LAND TRIBUNAL MANGALORE IN LRT NO. (4) 3493/1977-78 (ANNEXURE-A). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 5 - NC: 2025:KHC:17563 WP No. 22232 of 2023 ORAL ORDER 1. This writ petition has been filed seeking quashing the order dated 25.08.1981 passed by the Land Tribunal, a copy of which is produced at Annexure ‘A’. 2. One Krishna Poojary son of Sanjiv Poojary filed an application seeking conferment of occupancy rights in respect of lands in six survey numbers including Sy.No.46/8. In Form No.7 that he filed, he impleaded Ananda Shetty and Janaki Shedthi as the landlords. 3. The landlord—Ananda Shetty admitted the tenancy of Krishna Poojary. Insofar as Janaki Shedthi was concerned, the tenant admitted that he was not in possession of the land belonging to Janki Shedthi. 4. On the basis of this statement and also the survey records, the Land Tribunal proceeded to grant Sy.No.8/2, measuring 18 cents and Sy.No.46/8 measuring 20 cents. - 6 - NC: 2025:KHC:17563 WP No. 22232 of 2023 5. Petitioner No.1, who is the purchaser from petitioner No.2 and others, contends that even though the tenant had conceded that he was not in possession of the property of Janki Shedthi, the Land Tribunal has committed a serious error in conferring occupancy rights in respect of Sy.No.46/8. 6. The statement of objections are filed by Krishna Poojary—the tenant in which he admits that the Land Tribunal has granted him Sy.No.46/8 by inadvertence and that he has no objection for setting aside this portion of the order in respect of Sy.No.46/8 measuring 00-20 cents. 7. In light of the said objections, the impugned order passed by the Land Tribunal dated 25.08.1981 insofar it relates to Sy.No.46/8 measuring 00-20 cents shall stand quashed. 8. The writ petition is accordingly allowed. - 7 - NC: 2025:KHC:17563 WP No. 22232 of 2023 9. 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.: 66