- 1 - HC-KAR NC: 2025:KHC-D:15040 WP No. 113307 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 113307 OF 2015 (LR) BETWEEN: 1. 1A. ROQUE MATHIAS BRAGANZA, SINCE DECEASED BY HIS LR’S., SAMSON S/O ROQUE BRAGANZA, AGE: 47 YEARS, OCC: AGRICULTURIST, R/O: PINGERO, KAJUBAG, KARWAR. 1B. NAZARETH S/O ROQUE BRAGANZA, AGE: 45 YEARS, OCC: AGRICULTURIST R/O: PINGERO, KAJUBAG, KARWAR. … PETITIONERS (BY SRI. S.V. YAJI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY SECRETARY, REVENUE DEPARTMENT, VIDHAN SOUDHA, BENGALURU. 2. THE LAND TRIBUNAL KARWAR, REP. BY ITS CHAIRMAN. 3. 3A. ROSY W/O PHILIP RUZARIO, SINCE DECEASED BY HER LR’S., JUJE PHILIP RUZARIO, SINCE DECEASED BY HIS LR’S., 3A(1). SUSHILA RUZARIO, AGE. 86 YEAS, OCC. HOUSE WIFE, R/O. MATADAKERI, KARKI, TOPALKERI, HONNAVAR, DIST. KARWAR. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15040 WP No. 113307 of 2015 3A(2). ELIZA RUZARIO, AGE. 60 YEARS, OCC. HOUSE WIFE, R/O. MATADAKERI, KARKI, TOPALKERI, HONNAVAR,DIST. KARWAR. 3A(3). MININ RUZARIO, AGE. 58 YEARS, OCC. PRIVATE, R/O. MATADAKERI, KARKI, TOPALKERI, HONNAVAR,DIST. KARWAR. 3A(4). FELIX RUZARIO, AGE. 56 YEARS, OCC. PRIVATE, R/O. MATADAKERI, KARKI, TOPALKERI, HONNAVAR,DIST. KARWAR. 3A(5). JAMES RUZARIO, SINCE DECEASED BY HIS LR’S. R3A(2) TO R3(C) 3A(6). LEENA RUZARIO, AGE. 52 YEARS, OCC. HOUSEHOLD, R/O. MATADAKERI, KARKI, TOPALKERI, HONNAVAR, DIST. KARWAR. 3A(7). MAMATA RUZARIO, AGE. 50 YEARS, OCC. HOUSEHOLD, R/O. MATADAKERI, KARKI, TOPALKERI, HONNAVAR,DIST. KARWAR. 3A(8). AROSTROM RUZARIO, AGE. 48 YEARS, OCC. PRIVATE, R/O. MATADAKERI, KARKI, TOPALKERI, HONNAVAR,DIST. KARWAR. 3A(9). GEETA RUZARIO, AGE. 46 YEARS, OCC. HOUSEHOLD, R/O. MATADAKERI, KARKI, TOPALKERI, HONNAVAR,DIST. KARWAR. 3B. KASHMIRI S/O PHILIP RUZARIO, AGE: 77 YEARS, OCC: PENSIONER, R/O: KAJUBAG, DIST: KARWAR. - 3 - HC-KAR NC: 2025:KHC-D:15040 WP No. 113307 of 2015 3C. FRANK S/O PHILIP RUZARIO, SINCE DECEASED BY LR’S., 3C(1). CLIVY S/O FRANK RUZARIO, AGE. 32 YEARS, OCC. PRIVATE SERVICE, R/O. KAJUBAG, DIST. KARWAR-581 302. 4. HARISHANDRA KRISHNA PATIL, AGE: 55 YEARS, OCC: BUSINESS, R/O: KAJUBAG, KARWAR. 5. SIDDRAMA KRISHNA PATIL, AGE: 70 YEARS, OCC: PENSIONER, R/O: KAJUBAG, KARWAR. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 AND R2; SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE FOR R3B AND R3C(1); PETITION AGAINST R4 AND R5 ARE DISMISSED WITH ORDER DATED 12.01.2017; NOTICE TO R3A(1), R3A(4), R3A(6), R3A(7) AND R3A(9) ARE SERVED; NOTICE TO R3(A2), R3(A3), R3(A8) ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH OR SET ASIDE THE ORDER PASSED BY THE LAND TRIBUNAL, KARWAR IN TNC/MSC/SR/724+5042+14480 DATED 02.06.1987 IN RESPECT OF THE LAND BEARING SURVEY NO.67A HISSA 3 OF BAAD-1 VILLAGE IN KARWAR TALUK VIDE ANNEXURE-F AND TO GRANT THE OCCUPANCY RIGHT IN FAVOUR OF THE PETITIONERS IN RESPECT OF THE LAND BEARING SURVEY NO.67A HISSA 3 OF BAAD-1 VILLAGE IN KARWAR TALUK. 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:15040 WP No. 113307 of 2015 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order passed by the Land Tribunal on 02.06.1987, in terms of which, the occupancy right is granted in respect of Sy.No.67A/3 measuring 4 guntas 4 annas in favour of Roza Razario, wife of Philip Rozario. The property is located in Baad -I Village, Taluk Karwar. In respect of two other properties in the same Village, namely, Sy.No.68/3 measuring 6 annas and Sy.No.140/A/3 measuring 6 annas, the application filed by Roza Ruzario is rejected. 2. The petitioner before this Court urges that he is the tenant in respect of the aforementioned three properties and the occupancy right should have been granted in his favour. 3. Learned counsel appearing for the respondent would submit that the order dated 02.06.1987 insofar as rejection of Form No. 7 - application filed by Roza, wife of Philip Rozario in respect of Sy.No.68/3 and Sy.No.140/A/3 was the subject matter of Writ Petition in 10733/1993 and the said Writ Petition was allowed on 24.09.1997 and the matter is remitted back to the - 5 - HC-KAR NC: 2025:KHC-D:15040 WP No. 113307 of 2015 Tribunal to consider the claim of applicant of Roza Rozario in respect of Sy.Nos.68/3 and 140/A/3. 4. Thus, it is his contention that the Writ Petition in respect of Sy.No. 67/A/3 cannot be the subject matter of further adjudication on the premise, the petitioner's father has not questioned the order granting occupancy right in respect of Sy. No.67/A/3 measuring 4 guntas 4 annas in terms of the order dated 02.06.1987. 5. Petitioners have filed Writ Petition in the year 2015. The Tribunal has noticed that the contesting respondent is in possession of the property and based on that occupancy right is granted. 6. In the first instance, there is delay of almost 27 years in filing the writ petition. Delay is not properly explained. In addition to that there are no materials to indicate that the findings of the Land Tribunal is erroneous. Under these circumstances, the petition is dismissed. - 6 - HC-KAR NC: 2025:KHC-D:15040 WP No. 113307 of 2015 7. It is also relevant to notice that in terms of Annexure – G, notice is issued by the Land Tribunal in respect of all the three lands. 8. It is made clear that the adjudication is only confined to Sy.No.140/A/3 and Sy.No.68/3 referred to above. 9. There cannot be any further adjudication in respect of Sy.No.67/A/3 measuring 4 guntas 4 annas. Sd/- (ANANT RAMANATH HEGDE) JUDGE brn CT:BCK LIST NO.: 2 SL NO.: 11