- 1 - NC: 2025:KHC-D:5414 WP No. 5620 of 2007 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO.5620 OF 2007 (LR-) BETWEEN: 1. ABDUL KHADDER S/O. MUSSASAB TAMBADI (SINCE DECEASED BY HIS LR’S) 1(a) BIBI ZAHIRA W/O. ABDULKHADAR TAMBADI, AGE: 65 YRS, OCC: AGRL. 1(b) MALLIKJAN S/O. ABDULKHADAR TAMBADI, AGE: 46 YRS, OCC: AGRIL. 1(c) INAYATULLA S/O. ABDULKHADAR TAMBADI, AGE: 45 YRS, OCC: AGRIL. 1(d) MUSSASAB S/O. ABDULKHADAR TAMBADI, AGE: 38 YRS, OCC: AGRIL. (ALL ARE R/O. HOUSE NO.412, MAHADEWGALLI, HINDALAGA, BELAGAVI, DIST: BELAGAVI) 2. ASHABI W/O. MEHBOOB SUBANI TAMBADI AGED ABOUT 70 YRS, R/O. HALASHI, TQ: KHANAPUR, DIST: BELGAUM. 3. IMTIAZ AHMED S/O. MEHBOOB SUBANI TAMBADI, AGED ABOUT 48 YRS, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:5414 WP No. 5620 of 2007 …PETITIONERS (BY SRI. LAXMAN T MANTAGANI, ADVOCATE) AND: R/O. HALASHI, TQ: KHANAPUR, DIST: BELGAUM. 4. NAZIR AHMED S/O. MEHBOOB SUBANI TAMBADI AGED ABOUT 47 YRS. R/O. HALASHI, TQ: KHANAPUR, DIST: BELGAUM. 5. SULEMAN BADSHAH S/O. MEHBOOB SUBANI TAMBADI AGED ABOUT 44 YRS. R/O. HALASHI, TQ: KHANAPUR, DIST: BELGAUM. 6. SHAMSHAAD H W/O. ABDUL KHADDER SAUDAGAR, AGED ABOUT 60 YRS, R/O. MALLIGALLI, TQ: BELGAUM. DIST: BELGAUM. 7. ZAHIDA W/O. FATESSAB MARAB AGED ABOUT 58 YRS R/O. HUBLI, DIST: DHARWAD. 8. ANISH BANU W/O. KHALLI AHMED LAL MIA AGED ABOUT 56 YRS, R/O. PANAJI, GOA. (OUT OF STATE). 1. THE LAND TRIBUNAL KHANAPUR REP, BY ITS CHAIRMAN KHANAPUR, TQ: BELAGAVI, DIST: BELAGAVI. 2. THE STATE OF KARNATAKA REP, BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BANGALORE, BENGALURU CITY. - 3 - NC: 2025:KHC-D:5414 WP No. 5620 of 2007 3. SAVITHRI W/O. IRAPPA LAXMANA VANI, AGED ABOUT 70 YRS R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. 4. YELLAPPA S/O. IRAPPA LAXMANA VANI, AGED ABOUT 55 YRS, R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. 5. MARUTHI S/O. IRAPPA LAXMANA VANI, AGED ABOUT 40 YRS, R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. 6. PITAMBARI W/O. RAMACHANDRA PATIL, AGED ABOUT 45 YRS, R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. 7. VIMALABAI W/O. MARUTHI SULAKARA AGED ABOUT 48 YRS, R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. 8. NAGAPPA S/O. TOPPANNA GURAV (SINCE DECEASED BY HIS LR’S) 8.a. BALU NAGAPPA GURAV, AGE: MAJOR, OCC: AGRL., R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. 8.b. JAIRAM NAGAPPA GURAV, AGE: MAJOR, OCC: AGRL, R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. 8.c. TULASI NAGAPPA GURAV AGE: MAJOR, OCC: AGRL, R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. - 4 - NC: 2025:KHC-D:5414 WP No. 5620 of 2007 8.d. LEELA NAGAPPA GURAV, AGE: MAJOR, OCC: AGRL, R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. 9. KALLAPPA S/O. TOPPANNA GURAV (SINCE DECEASED BY HIS LRS) 9(a) KRISHNA KALLAPPA GURAV, (SINCE DECEASED BY HIS LR’S) 9(A)(a) SMT. VAISALI W/O. KRISHNAJI GURAVA AGE: 38, OCC: HOUSEHOLD WORK, R/O. HALIYAL - 581329. TQ: HALIYAL, DIST: U. KANNADA 9(A)(c) RAJU S/O. KRISHNAJI GURAVA AGE:18, OCC: AGRL, R/O. HALIYAL – 581329 TQ: HALIYAL, DIST: U. KANNADA 9(b) ANANTH KALLAPPA GURAV, AGE: MAJOR, OCC: AGRL., R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. 9(c) TOPANNA KALLAPPA GURAV, AGE: MAJOR, OCC: AGRL., R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. 9(d) JINU KALLAPPA GURAV, AGE: MAJOR, OCC: AGRL., R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. 9(e) SHEKHU KALLAPPA GURAV (SINCE DECEASED NO LR’S) 10. RAMACHANDRA W/O. TOPANNA GURAV, AGED ABOUT 58 YRS R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. - 5 - NC: 2025:KHC-D:5414 WP No. 5620 of 2007 11. LAXMANA S/O. TOPANNA GURAV (SINCE DECEASED BY HIS LR’S) 11 (a) TUKARAM LAXMAN GURAV, AGE: MAJOR, OCC: AGRL, R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. 11 (b) SUBASH LAXAMAN GURAV, AGE: MAJOR, OCC: AGRL, R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. 11 (c) PRABHAKAR LAXMAN GURAV, AGE: MAJOR, OCC: AGRL., R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. 11 (d) KANTA LAXMAN GURAV, AGE: MAJORE, OCC: AGRL, R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. 11 (e) SUSHEELA LAXMAN GURAV, AGE: MAJOR, OCC: AGRL, R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. 11 (f) CHAYA LAXMAN GURAV, AGE: MAJOR, OCC: AGRL, R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. 12. MARUTHI S/O. TOPANNA GURAV, AGED ABOUT 54 YRS, R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. - 6 - NC: 2025:KHC-D:5414 WP No. 5620 of 2007 …RESPONDENTS (BY SHRI R.M. HIREMATH AND SHRI SUJEET S. HIREMATH, ADVOCATE FOR R6, R7, R9(B, C & D), R10, R12, R13 & R11 (A,B & D), AND R14 (A-C), R5; SHRI. V.S. HIREMATH, ADVOCATE FOR R5; NOTICE TO RESPONDENT NOS.3, 8(C), 8(D), 9 (A), 9(C), 11(E), 14(D), 9A(A) TO 9A(C) IS SERVED; RESPONDENT NOS.9 (A & E) – DECEASED; NOTICE TO RESPONDENT NOS.8A, 8B, 11C, & 11F – HELD SUFFICIENT) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, DIRECTION OR ORDER IN THE NATURE OF CERTIORARI BY QUASHING ANNEXURE-E, BEARING NO.KLR/OCP/SR/35+36+37 HALAGA DATED 21.02.2007 PASSED BY LAND TRIBUNAL KHANAPUR. 13. SAHADEVA S/O. TOPANNA GURAV, AGED ABOUT 52 YRS, R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. 14. APPANA SAHADEVA GURAV (SINCE DECEASED BY HIS LR’S) 14(a) PANDU APPANNA GURAV AGE: MAJOR, OCC: AGRL., R/O. MENDEGALI, TQ: KHANAPUR DIST: BELAGAVI. 14(b) SHANTARAM APPANNA GURAV AGE: MAJOR, OCC: AGRL., R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. 14(c) GOPAL APPANNA GURAV, AGE: MAJOR, OCC: AGRL., R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. 14(d) SAKKU APPANNA GURAV, AGE: MAJOR, OCC: AGRL., R/O. MENDEGALI, TQ: KHANAPUR, DIST: BELAGAVI. - 7 - NC: 2025:KHC-D:5414 WP No. 5620 of 2007 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER Petitioners have approached this Court seeking issuance of writ in the nature of Certiorari to quash the order of the Land Tribunal, Khanapur dated 21.02.2007 produced as per Annexure-E. 2. Heard Shri Laxman T. Mantagani, learned counsel for petitioners, Shri T. Hanumareddy, learned Additional Government Advocate for respondent Nos.1 and 2, Smt.Sujeet S. Hiremath, learned counsel for respondent Nos.6, 7, 9(b), 9(c), 9(d), 10, 12, 13, 11(a), 11(b) and 11(d), 14(a) to 14(c), V.S.Hiremath learned counsel for respondent No.4, Smt.Aradhana Manvi, learned counsel for respondent No.5. Perused the materials on record. 3. It is the contention of the learned counsel for the petitioners that the land in question is the sanadi inam land. According to the petitioners, petitioner No.1 was - 8 - NC: 2025:KHC-D:5414 WP No. 5620 of 2007 serving as sanadi and the land in question is the inam land that was being cultivated by the petitioners. The contesting respondents were coolies under Mussasab Tambadi the original inamdhar. After death of Mussasab Tambadi on 21.08.1963, the name of his wife and children came to be mutated in the Record of Rights as per ME.No.469. Petitioner No.1 was appointed as sanadi with effect from 24.06.1964. Since then, he is in possession and cultivation of the land. He got converted the land into raitawari by paying the penalty i.e., 18 times of assessment, as per order dated 15.05.1974. Suddenly the names of contesting respondents came to be entered in the revenue records during 1965-66 without the knowledge of the petitioners. Taking advantage of entering the name of private respondent in the Record of Rights, they filed Form No.7 contending that they are the tenants under Aghav Lavani. Absolutely no documents are produced. The Land Tribunal has also not assigned any valid reasons for granting occupancy rights under the - 9 - NC: 2025:KHC-D:5414 WP No. 5620 of 2007 impugned order Annexure-E. Therefore, he prays for setting aside the impugned order in the interest of justice. 4. The materials on record disclose that, initially Form No.7 filed by contesting respondents came to be rejected by the Land Tribunal, which was challenged before the Appellate Authority, subsequently it was converted into writ petition, which came to be allowed, and the matter was remanded back to the Land Tribunal for fresh consideration. The Land Tribunal again rejected the claim of the contesting respondents. The tenants have filed three writ petitions i.e., W.P.No.2282/2003, W.P.No.8934/2003 and W.P.No.8935/2003. These writ petitions were allowed, and the matter was again remanded back to the Land Tribunal. Upon which, the Land Tribunal passed the impugned order as per Annexure-E. 5. On going through the impugned order Annexure-E, the Land Tribunal refers to the document styled as Khandaya pavati, i.e., rent receipt produced by - 10 - NC: 2025:KHC-D:5414 WP No. 5620 of 2007 the tenants, to show that the Landlord has issued it for accepting the rent. The Tribunal has also referred to ME.No.554 for having vested the land in the Government as per Section 44 of KLR Act. It also refers to the evidence led by the parties, where, the tenant cross-examined the petitioners with regard to RLC proceedings i.e., RLC.No.347/1966 and MLR 572/1966, and the petitioners pleaded ignorance about the same. It is the specific contention of the respondents that the petitioners have sought for resumption of the land under these proceedings, which was rejected by the competent authority. Considering all these facts and circumstances, the Tribunal formed an opinion that the land in question was tenanted land and granted occupancy right. 6. When there are clinching materials to show that the land in question was the tenanted land, which resulted in vesting of the land with the Government on the appointed date as per ME.No.554 and also when the respondent has produced the rent receipts for having paid - 11 - NC: 2025:KHC-D:5414 WP No. 5620 of 2007 the rent to the owner and moreover, the specific defence was taken that the proceedings for resumption of the land was initiated by the petitioners in RLC.No.347/1966, which was said to have been rejected, I am of the opinion that there are no reasons to interfere with the impugned order passed by the Land Tribunal. Therefore, the petitioners are not entitled for any relief. Accordingly, the writ petition is dismissed. Sd/- (M.G.UMA) JUDGE EM CT:ANB List No.: 2 Sl No.: 4