- 1 - NC: 2025:KHC:13230 WP No. 29476 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 29476 OF 2024 (LR) BETWEEN: 1. SRI VENUGOPAL SHETTY AGED ABOUT 71 YEARS, S/O. LATE SHOONA SHETTY R/AT SHREE MATHA, NEAR CHETHAN CLINIC, KUKKIKATTE, UDUPI-576 101. (CLAIMING BENEFIT OF SENIOR CITIZEN) …PETITIONER (BY MISS. TASMIN.A., FOR SRI. NATARAJA BALLAL., ADVOCATE) AND: 1. DEPUTY COMMISSIONER UDUPI DISTRICT, RAJATADRI MANIPAL, UDUPI-576 104. 2. TASHILDAR AND EXECUTIVE MAGISTRATE AND SECRETARY LAND TRIBUNAL TALUKU ADALITA SOUDHA, KARKALA TALUK, KARKALA, UDUPI DISTRICT-574 104. …RESPONDENTS (BY SMT. CHANDINI.S., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND QUASH THE ENDORSEMENT BEARING NO. EDS.L R Y C R. 378/2024-25 (E.160763) DATED 11-07-2024 OF THE R2 (ANNEXURE-G), ETC. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13230 WP No. 29476 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is aggrieved by an endorsement dated 11.07.2024 by which the Tahsildar has refused to issue a Certificate of Registration in Form No.10 to the petitioner on the ground that the Land Tribunal had conferred occupancy rights in favor of his mother and, therefore, the Certificate of Registration could not be issued in his favor. 2. It is not in dispute that the application in Form No.7 was filed by Chikki Shedthi i.e., the mother of the petitioner along with the petitioner and his sisters. 3. It is no doubt true that the Land Tribunal considered the entire family of Lakshmi Shedthi as the applicants, but in the operative portion it has directed that the lands mentioned therein should be registered in favor of Chikki Shedthi alone. - 3 - NC: 2025:KHC:13230 WP No. 29476 of 2024 4. Pursuant to the order of the Land Tribunal, Form No.10 was issued in favour of Chikki Shedthi. It is therefore clear that a Certificate of Registration was issued in favor of the mother of the petitioner as per the order of the Land Tribunal. 5. It is the case of the petitioner that Chikki Shedthi passed away on 09.02.1993 and he had succeeded to the said property not only by way of succession, but also by virtue of the fact that all the children of Chikki Shedthi had jointly applied for confirmation of occupants rights and the Land Tribunal had essentially granted an order in favor of the family. 6. The petitioner thereafter sought for re-issuance of Form No.10 by including the name of the children of Chikki Shedthi and this has been refused by the Tahsildar, as against which, the present writ petition is filed. - 4 - NC: 2025:KHC:13230 WP No. 29476 of 2024 7. Since the Land Tribunal had conferred occupancy rights in the name of Chikki Shedthi and a Form No.10 had been issued in the name of Chikki Shedthi, the Tahsildar cannot be found fault with for issuance of this Form No.10. 8. The request of the children of Chikki Shedthi to re- issue Form No.10 has rightly been refused by the Tahsildar since there is no provision under the Karnataka Land Reform Rules to re-issue Form No.10 on the death of the beneficiary of an order of the Land Tribunal. 9. The petitioner by virtue of being the son of Chikki Shedthi, would have automatically succeeded the property by way of inheritance, and the Certificate of Registration in favour of Chikki Shedthi would enure to his benefit, but the Tahsildar cannot re-issue Form No.10 issued in his favor on that score. - 5 - NC: 2025:KHC:13230 WP No. 29476 of 2024 10. Since the petitioner has already succeeded to the property on the death of Chikki Shedthi, the request of his to enter his name in Form No.10 would be a superfluous exercise, since, in law, he has already succeeded to the property along with his siblings. 11. Subject to the above observations, this writ petition is dismissed. 12. 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.: 7