- 1 - HC-KAR NC: 2025:KHC-D:14145 WP No. 64987 of 2012 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 64987 OF 2012 (LR) BETWEEN: 1. YAMANURAPPA S/O. LAXMAPPA LAMANI, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. BELLUTAGI, TQ: YELBURGA, DIST: KOPPAL. 1A. LAXMAVVA W/O YAMANURAPPA LAMANI, AGE. 43 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O. SANJANA NAGAR, KUKANOOR, KOPPAL-583 232. 1B. MANJUNATH S/O YAMANURAPPA LAMANI, AGE: 25 YEARS, OCC: AGRICULTURE, R/O: VINOBA NAGAR, KUKANOOR, KOPPAL – 583 232. 1C. PAVITRA D/O. YAMANURAPPA LAMANI, AGE: 25 YEARS, OCC: AGRICUTURE AND HOUSEHOLD WORK, R/O: GORELEKOPPA, KOPPAL – 583 232. 1D. SHRUIT D/O. YAMANURAPPA LAMANI, AGE: 23 YEARS, OCC: STUDENT, R/O: SANJANA NAGAR, KUKANOOR, KOPPAL – 583 232. 1E. KAVYA D/O YAMANURAPPA LAMANI, AGE: 23 YEARS, OCC: STUDENT, R/O: SANJANA NAGAR, KUKANOOR, KOPPAL – 583 232. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14145 WP No. 64987 of 2012 2. YAMANAVVA W/O. LAXMAPPA LAMANI, AGE. 65 YEARS, OCC. AGRICULTURE, R/O. BELLUTAGI, TQ: YELBURGA, DIST: KOPPAL. … PETITIONERS (BY SRI. B.V. SOMAPUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU. 2. THE LAND TRIBUNAL, YELBURAGA, DIST. KOPPAL, BY ITS CHAIRMAN. 3. SRI. FEERSAB S/O. RAJASAB YALEGAR, SINCE DECEASED BY HIS LR’S., 3A. HUSAINSAB S/O FEERSAB YELIGAR, AGE. 45 YEARS, OCC. AGRICULTURE, 3B. RAJASAB S/O FEERSAB YELIGAR, AGE. 30 YEARS, OCC. AGRICULTURE, 3C. MALAKAPPA S/O FEERSAB YELIGAR, AGE. 28 YEARS, OCC. AGRICULTURE, 3D. SANNARAJASAB S/O FEERSAB YELIGAR, AGE. 27 YEARS, OCC. AGRICULTURE, ALL ARE R/O. BALUTAGI VILLAGE, TQ. YALABURGA, DIST. KOPPAL. 4. SRI. TULAJAPPA UDYAPPA LAMANI, SINCE DECEASED BY HIS LR’S., 4A. SHIVAPPA S/O TULAJAPPA LAMANI, AGE. 45 YEARS, OCC. AGRICULTURE, - 3 - HC-KAR NC: 2025:KHC-D:14145 WP No. 64987 of 2012 4B. SHARANAPPA S/O TULAJAPPA LAMANI, AGE. 35 YEARS, OCC. AGRICULTURE, 4C. RAMAPPA S/O TULAJAPPA LAMANI, AGE. 30 YEARS, OCC. AGRICULTURE, ALL ARE R/O. BALUTAGI VILLAGE, TQ. YALABURGA, DIST. KOPPAL. 5. SHRI MAHANTESHWAR SWAMIGALU, MYSORE MATH, KUDURIMOTI, R/BY G.P.A. HOLDER, SANGAYYA S/O. MUDDANAYYA SARANGIMATH, R/O. KUDURIMOTI, TQ: YELBURGA, DIST. KOPPAL. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 AND R2; SRI. S.K. KAYAKMATH, ADVOCATE FOR R3 (A TO D) AND R4(A TO C); SRI. L.S. HOTTIN, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY THE LAND TRIBUNAL, YELBURGA, IN REVENUE/S.R.M./ T.N.C./ 3/2002-03 DATED 30/01/2012 VIDE ANNEXURE-A AND GRANT OCCUPANCY RIGHT TO THE PETITIONERS HOLDING THAT, THEY ARE THE TENANTS OF THE SUIT LANDS AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:14145 WP No. 64987 of 2012 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard learned counsel appearing for the petitioners. 2. This petition is filed assailing the order passed by the Land Tribunal, Yelburga. In terms of the impugned order, occupancy is granted in favour of respondents No.15 and 16 of Basapur Village in favour of private respondents No.3 and 4. Respondent No.5 is said to be the owner of the property. The application is filed by contesting respondent No.3 and respondent No.4 on the premise that the lands are inam lands and they are entitled for regrant. 3. The petitioner before this Court is claiming right over the property under Section 77-A of the Karnataka Land Reforms Act, 1961 (‘Act of 1961’) on the premise that he was a tenant of the said land and he did not file Form No.7 application on earlier occasion. 4. It is also relevant to notice that earlier Form No.7A application filed by the petitioner was allowed by the Assistant Commissioner. That the said order was called in question by one - 5 - HC-KAR NC: 2025:KHC-D:14145 WP No. 64987 of 2012 Shivappa Lamani and Hussainsab Peersab Yaligar. This Court in W.P.No.23960/2005 allowed the writ petition and quashed the order passed by the Assistant Commissioner and the matter was remitted to the Land Tribunal for fresh disposal in accordance with law. 5. It also held that the application filed by the present petitioners who are respondents No.4 and 5 in the said W.P.No.23690/2005 is required to be considered by the competent authority under Section 77A of the Act of 1961. 6. It is noticed from the impugned order dated 30.01.2012, the petitioner’s application under Section 7A is rejected on the premise that application cannot be considered by the Tribunal. To that extent, the Tribunal is correct in the sense that application under Section 7A of the Act of 1961 is required to be considered by the jurisdictional Assistant Commissioner. 7. While passing the said order, the Tribunal has assumed that the lands in question are the Inam lands. This finding is not supported by any reasons. The Tribunal has to first record a finding that the lands are inam lands and that exercise is not carried out. - 6 - HC-KAR NC: 2025:KHC-D:14145 WP No. 64987 of 2012 8. Under these circumstances, the impugned order has to be set aside, accordingly set aside. The matter requires reconsideration by the Tribunal. Hence, the following: ORDER Writ petition is allowed. Impugned order dated 30.01.2012 in proceeding No.Revenue/S.R.M./T.N.C./3/2002-03 is set aside. The matter is remitted to the Land Tribunal Yelburga to consider the application filed by respondents No.3 and 4 or their predecessors under Form No.1. The Tribunal shall record a finding as to whether the lands are inam lands and whether the applicants are eligible for re-grant. In case, if it is found that the lands are inam lands and petitioners are eligible for re-grant, then there has to be an order in favour of the applicants. If it is found that the lands are not inam lands and the applicants are not eligible for re-grant, then the Assistant Commissioner shall consider the petitioner's application under Form 7A of the Karnataka Land Reforms Act, 1961. - 7 - HC-KAR NC: 2025:KHC-D:14145 WP No. 64987 of 2012 It is made clear that the petitioners are not eligible for any land in excess of the ceiling limit contemplated under Section 77-A of the Act of 1961. If it is found that the petitioners were the tenants of the lands in question and if it is found that they are in possession of the properties immediately before 01.03.1974, as tenants, then the jurisdictional Assistant Commissioner shall consider the claim and pass appropriate orders. It is made clear that this court has not expressed any opinion on the merits of the claim of either of the parties. The claim of the petitioners under Form No.7A shall be considered only after conclusion of the proceeding before the Land Tribunal, where the petitioners’ application under Form No.1 is required to be considered. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 59