- 1 - HC-KAR NC: 2025:KHC-D:14498 WP No. 65515 of 2012 C/W WP No. 65628 of 2011 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 65515 OF 2012 (LR) C/W WRIT PETITION NO. 65628 OF 2011 (LR) IN W.P. NO.65515 OF 2012: BETWEEN: 1. DUNDAPPA S/O YALLAPPA NAVI, SINCE DECEASED BY HIS LR’S., SMT. LAXMAVVA W/O LATE DUNDAPPA NAVI, AGE: MAJOR, OCC: AGRICULTURE, R/O. ALAKANUR VILLAGE, TQ: RAIBAG, DIST: BELAGAVI. 2. RAMAPPA S/O LATE DUNDAPPA NAVI, AGE: MAJOR, OCC: AGRICULTURE, R/O. ALAKANUR VILLAGE, TQ: RAIBAG, DIST: BELAGAVI. … PETITIONERS (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. LAND TRIBUNAL, RAIBAG, DIST: BELAGAVI, R/BY ITS CHAIRMAN. 2. STATE OF KARNATAKA, R/BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560 001. 3. SHASHIKANT S/O THAMMA SAHEB DESAI, AGE: MAJOR, OCC. AGRICULTURE, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.26 11:35:32 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14498 WP No. 65515 of 2012 C/W WP No. 65628 of 2011 4. SESHAGIRI RAO S/O THAMMA SAHEB DESAI, AGE: MAJOR, OCC. AGRICULTURE, 5. LAKSHMIKANT S/O MURARIRAO DESAI, AGE: MAJOR, OCC. AGRICULTURE, 6. BEBAKKA D/O MURARIRAO DESAI, AGE: MAJOR, OCC. AGRICULTURE, RESPONDENTS NO.3 TO 6 ARE R/O. KANKANAWADI VILLAGE, TQ: RAIBAG, DIST: BELAGAVI. 7. ANNASAHEB SHANKAR RAO DESAI S/O MURARIRAO DESAI, SINCE DECEASED BY HIS LR’S., 7A. SMT. VIJAYA @ VIJAYAMALA W/O ANNASAHEB DESAI, AGE. 63 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O. KANKANAWADI VILLAGE-591 222, TQ. RAIBAG, DIST. BELAGAVI. 7B. SANTOSH S/O ANNASAHEB DESAI, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. KANKANAWADI VILLAGE-591 222, TQ. RAIBAG, DIST. BELAGAVI. 7C. SMT. SAVITA W/O SHASHIDHAR PATIL, AGE. 41 YEARS, OCC. HOUSEHOLD WORK, R/O. MADANABHAVI VILLAGE-591 232, TQ. KITTUR, DIST. BELAGAVI. 7D. SMT. SANDHYARANI W/O DEVARAJ DESAI, AGE. 39 YEARS, OCC. HOUSEHOLD WORK, R/O. KANKANAWADI VILLAGE-591 222, TQ. RAIBAG, DIST. BELAGAVI. 7E. SMT. SUHASINI W/O VIJAYAKANT NAYAK, AGE. 37 YEARS, OCC. HOUSEHOLD WORK, - 3 - HC-KAR NC: 2025:KHC-D:14498 WP No. 65515 of 2012 C/W WP No. 65628 of 2011 R/O. MUDALAGI VILLAGE-591 312, TQ. MUDALAGI, DIST. BELAGAVI. 8. BABU KAREPPA KAMBLE, SINCE DECEASED BY HIS LR’S., 8A. SMT. SEETABAI W/O BABU KAMBLE, AGE. 75 YEARS, OCC. HOUSEHOLD WORK, R/O. ALKANUR, TQ. RAIBAG, DIST. BELAGAVI. 8B. SANGAMESH S/O BABU KAMBLE, SINCE DECEASED BY HIS LR’., 8B(i) SMT. SUREKHA W/O SANGAMESH KAMBLE, AGE. 55 YEARS, OCC. HOUSEHOLD WORK, R/O. HARUGERI, TQ. RAIBAG, DIST. BELAGAVI. 8B(ii) SUKANYA D/O SANGAMESH KAMBLE, AGE. 30 YEARS, OCC. HOUSEHOLD WORK, R/O. HARUGERI, TQ. RAIBAG, DIST. BELAGAVI. 8C. NINGAPPA S/O BABU KAMBLE, AGE. 48 YEARS, OCC. AGRICULTURE, R/O. ALKANUR, TQ. RAIBAG, DIST. BELAGAVI. 8D. RAMAPPA S/O BABU KAMBLE, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. ALKANUR, TQ. RAIBAG, DIST. BELAGAVI. 8E. MAHADEVI D/O BABU KAMBLE, AGE. 40 YEARS, OCC. HOUSEHOLD WORK, R/O. ALKANUR, TQ. RAIBAG, DIST. BELAGAVI. 9. MAHADEVA S/O SIDDALINGA KAMBALI, AGE: MAJOR, OCC. AGRICULTURE, R/O. ALAKANUR VILLAGE, TQ: RAIBAG, DIST: BELAGAVI. 10. SADASHIVA KAREPPA KAMBLE, SINCE DECEASED BY HIS LR’S., - 4 - HC-KAR NC: 2025:KHC-D:14498 WP No. 65515 of 2012 C/W WP No. 65628 of 2011 10A. SMT. SAROJINI W/O SADASHIV KAMBLE, AGE. 60 YEARS, OCC. HOUSEHOLD WORK, R/O. ALAKANUR VILLAGE-591 222, TQ. RAIBAG, DIST. BELAGAVI. 10B. BHIMAPPA S/O SADASHIV KAMBLE, AGE. 27 YEARS, OCC. HOUSEHOLD WORK, R/O. ALAKANUR VILLAGE-591 222, TQ. RAIBAG, DIST. BELAGAVI. 10C. DEEPAK S/O SADASHIV KAMBLE, AGE. 24 YEARS, OCC. HOUSEHOLD WORK, R/O. ALAKANUR VILLAGE-591 222, TQ. RAIBAG, DIST. BELAGAVI. 10D. DEELIP S/O SADASHIV KAMBLE, SINCE DECEASED BY HIS LR’S., 10D(i). SMT. ARATHI W/O DILEEP KAMBLE, AGE. 35 YEARS, OCC. HOUSEHOLD WORK, R/O. SHIRAGUPPI, TQ. KAGWAD, DIST. BELAGAVI. 10D(ii). LAXMI D/O DILEEP KAMBLE, AGE. 06 YEARS, OCC. HOUSEHOLD WORK, R/O. SHIRAGUPPI, TQ. KAGWAD, DIST. BELAGAVI. SINCE RESPONDENT NO.10D(II) IS MINOR R/BY HER MINOR GUARDIAN/ NATURAL MOTHER I.E., RESPONDENT NO.10D(i). … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1; SRI. A.S. PATIL, ADVOCATE FOR R3 TO R5; SRI. M.S. HARVI, ADVOCATE FOR R8A, R8B(i), R8B(ii), R8C TO R8E, R9 AND R10D(i) AND R10D(ii); SRI. LAXMAN T. MANTAGANI, ADVOCATE FOR R3 AND R4; SRI. SANJAY S. KATAGERI, ADVOCATE FOR R7A TO E; R10 IS DISMISSED V/O/DATED 06/12/2016; VIDE ORDER DATED 26/03/2025 R10B, R10C, R10D(i) AND R10D(ii) ARE LR’S OF DECEASED 10A; NOTICE TO R10B AND R10C ARE SERVED) - 5 - HC-KAR NC: 2025:KHC-D:14498 WP No. 65515 of 2012 C/W WP No. 65628 of 2011 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN ORDER IN THE NATURE OF CERTIORARI TO QUASHING THE ORDER DATED 18/08/2011 IN NO.TNC:SR:2513+742/ ALANKNUR VILLAGE PASSED BY THE LAND TRIBUNAL, RAIBAG, BELGAUM PRODUCED AT ANNEXURE-A AND DIRECT THE LAND TRIBUNAL TO GRANT OCCUPANCY RIGHTS TO THE PETITIONERS IN RESPECT OF EASTERN PORTION OF 11 ACRES 3 GUNTAS OF LAND IN R.S. NO.149 OF ALAKANUR VILLAGE TALUK RAIBAG, DISTRICT BELGAUM. IN W.P. NO. 65628 OF 2011: BETWEEN: 1. SMT. TARAVVA W/O BABU KAMBLE, AGE. 70 YEARS, OCC. HOUSEHOLD, R/O. ALKNUR VILLAGE, TQ. RAIBAG, DIST. BELAGAVI. 2. SMT. SUREKHA W/O SANGAPPA KAMBALE, AGE. 52 YEARS, OCC. AGRICULTURE, R/O. HAROOGERI, TQ. RAIBAG,DIST. BELAGAVI. 3. SMT. SOUJANYA W/O BHARATESH DAROOR, AGE. 27 YEARS, OCC. AGRICULTURE, R/O. HAROOGERI, TQ. RAIBAG, DIST. BELAGAVI. 4. SRI. NINGAPPA S/O BABU KAMBLE, AGE. 48 YEARS, OCC. AGRICULTURE, 5. SRI. RAMACHANDRA S/O BABU KAMBLE, AGE. 45 YEARS, OCC. AGRICULTURE, 6. SMT. MAHADEVI W/O YUVARAJ SINDHE, AGE. 40 YEARS, OCC. AGRICULTURE, - 6 - HC-KAR NC: 2025:KHC-D:14498 WP No. 65515 of 2012 C/W WP No. 65628 of 2011 7. MAHADEV S/O SIDDAPPA KAMBLE, AGE. MAJOR, OCC. AGRICULTURE, 8. SMT. SAROJA W/O SADASHIV KAMBLE, AGE. 58 YEARS, OCC. HOUSEHOLD, 9. BHIMAPPA S/O SADASHIV KAMBLE, AGE. 58 YEARS, OCC. AGRICULTURE, 10. DEEPAK S/O SADASHIV KAMBLE, AGE. 22 YEARS, OCC. AGRICULTURE, 11. SMT. ARATI W/O DEELIP KAMBLE, AGE. 32 YEARS, OCC. AGRICULTURE, 12. KUMARI VIDYASHREE D/O DEELIP KAMBLE, AGE. 11 YEARS, OCC. STUDENT, R/BY MINOR GUARDIAN MOTHER SMT. ARATI W/O DEELIP KAMBLE (PETITIONER NO.11) [ALL ARE R/O ALKNUR VILLAGE, TQ. RAIBAG, DIST. BELAGAVI]. … PETITIONERS (BY SRI. M.S. HARAVI, ADVOCATE) AND: 1. THE LAND TRIBUNAL, TQ. RAIBAG, DIST. BELAGAVI. 2. SHASHIKANT TAMMASAHEB DESAI, AGE: MAJOR, OCC: AGRICULTURE, R/O. KANKANAWADI, TQ. RAIBAG, DIST. BELAGAVI. 3. SHESHAGIRI RAO TAMMASAHEB DESAI, AGE: MAJOR, OCC: AGRICULTURE, R/O. KANKANAWADI, TQ. RAIBAG, DIST. BELAGAVI. - 7 - HC-KAR NC: 2025:KHC-D:14498 WP No. 65515 of 2012 C/W WP No. 65628 of 2011 4. LAXMIKANTA MURAHARI RAO DESAI, AGE: MAJOR, OCC: AGRICULTURE, R/O. KANKANAWADI, TQ. RAIBAG, DIST. BELAGAVI. 5. SMT. BABAKKA D/O MURAHARI RAO DESAI, AGE: MAJOR, OCC: AGRICULTURE, R/O. KNKANWADI, TQ. RAIBAG, DIST. BELAGAVI. 6. SMT. YALLAVVA W/O DUNDAPPA NAVI, AGE: MAJOR, OCC: AGRICULTURE, R/O. ALKNUR, TQ. RAIBAG, DIST. BELAGAVI. 7. THE STATE OF KARNATAKA, REP. BY SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-1. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 AND R7; SRI. A.S. PATIL, ADVOCATE FOR R2; SRI. LAXMAN T. MANTAGUNI, ADVOCATE FOR R3 AND R4; SRI. SHRIHARSH A. NEELOPANT, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE O CERTIORARI OR ANY OTHER WRIT OR DIRECTION, SETTING ASIDE THE ORDER PASSED BY THE LAND TRIBUNAL RAIBAG (I.E. RESPONDENT NO.1) IN TNC/SR:2513+742/ALAKANUR DATED 18/08/2011, VIDE ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS ARE COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 8 - HC-KAR NC: 2025:KHC-D:14498 WP No. 65515 of 2012 C/W WP No. 65628 of 2011 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Writ Petition No.65515/2012 is filed assailing the order dated 18.08.2011 passed by the Land Tribunal, Raibag marked at Annexure - A. In terms of the said order the petitioner's application seeking occupancy rights is rejected. 2. Writ Petition No.65628/2011 is filed by the petitioners assailing the very same order which is assailed in Writ Petition No.65515/2012. Writ Petition No.65628/2011 is filed by the Form No.VII applicant (Rival Claimants) whose application seeking grant of occupancy is rejected. 3. The property in question is Sy.No.149 measuring 22 acres 6 guntas in Alakanur Village, Raibag Taluk. 4. Learned counsel appearing for the petitioners in Writ Petition No.65515/2012 would urge that Form No.7 applicant - the predecessor of the petitioners, was tenant in - 9 - HC-KAR NC: 2025:KHC-D:14498 WP No. 65515 of 2012 C/W WP No. 65628 of 2011 respect of eastern half of the aforementioned land and he was lawfully cultivating the property immediately before 01.03.1974 and landlord in the cross examination has admitted the tenancy of the petitioners’ predecessor-in-title. The petitioners have produced the receipts for having paid the rent. Ignoring all these documents, the Tribunal has rejected the application seeking occupancy right is the submission. 5. In addition, learned counsel for the petitioners in W.P.No.65515/2012 would also submit that earlier the Land Tribunal has recorded a finding that the petitioners’ predecessor-in-title i.e. Form No.7 applicant was in lawful cultivation of the property and based on that, occupancy was granted in respect of half portion of Sy.No.149 referred to above. 6. Another applicant, viz., the predecessor of the petitioners in Writ Petition No.65628/2011 had filed a petition challenging the grant of occupancy in respect of - 10 - HC-KAR NC: 2025:KHC-D:14498 WP No. 65515 of 2012 C/W WP No. 65628 of 2011 eastern half portion and the matter was remanded by setting aside the order of the Land Tribunal and thereafter, the Land Tribunal rejected the application filed by both petitioners ignoring vital documents in support of the claim of the applicant in Writ Petition No. 65515/2012. 7. Learned counsel appearing for the petitioners in Writ Petition No. 65628/2011 would submit that petitioner’s predecessor the original applicant was in possession of the property as a tenant and the tenancy was very much recorded in the property records since 1943-1944 and the name continued in the property records up to 1953-54. Thereafter, it appears there was a partition in the family of the landlords and they moved an application to mutate the names of the parties pursuant to the partition and in the process, without any notice to the original tenant, the names of the landlords have been entered in the property records both in columns No.9 and 12. However, it is his submission that the tenancy continued and the application - 11 - HC-KAR NC: 2025:KHC-D:14498 WP No. 65515 of 2012 C/W WP No. 65628 of 2011 is filed for grant of occupancy in respect of entire Sy.No.149 measuring 22 acres and 6 guntas. 8. Learned counsel for the petitioners in WP No.65628/2011 would also urge that the Tribunal could not have rejected the application on the premise that the petitioners’ names or the applicants’ names were not found in the property records after 1953-1954. It is his submission that unless the tenancy is surrendered in the manner known to law, the tenancy does not come to an end and this fact has not been taken into consideration by the Land Tribunal. Thus, he would urge that the Writ Petition No.65628/2011 is to be allowed and occupancy is to be granted in respect of the entire land. 9. Countering the submission of the learned counsel for the petitioners in Writ Petition No.65515/2012, the learned counsel for the petitioner in Writ Petition No. 65628/2011 would also submit that the so called admission by the landlord admitting the tenancy in favour of the - 12 - HC-KAR NC: 2025:KHC-D:14498 WP No. 65515 of 2012 C/W WP No. 65628 of 2011 applicants in Writ Petition No.65515/2012 does not bind the applicant in Writ Petition No.65628/2011 and it is also his further submission that the suit is filed claiming possession from the petitioners and the said suit is dismissed and this would again establish the fact that the applicants in Writ Petition No.65515/2012 are not in possession of the property. 10. Learned counsel appearing for the respondents would submit that the tenancy and lawful cultivation of the property immediately before 01.03.1974 is not established. The property records from 1953-1954 onwards till today reflected the name of the original owner and Tribunal is justified in rejecting the application seeking occupancy as no tenancy is established. It is further submitted by the learned counsel appearing for respondents no.3 (a) and (b) that the property is sold by respondents in Writ Petition No.65515/2012 under registered sale deed dated 11.09.2025. - 13 - HC-KAR NC: 2025:KHC-D:14498 WP No. 65515 of 2012 C/W WP No. 65628 of 2011 11. Learned counsel for the petitioners in W.P.No.65628/2011 would urge there was an order of status quo and the alleged alienation if any, is in violation of the status quo order and the purchaser does not acquire any right over the property. 12. The Court has considered the contentions raised at the Bar and perused the records. 13. The record of right pertaining to the petition property i.e., property bearing Sy.No.149 measuring 22 acres 6 guntas is produced and marked at Annexure. A in Writ Petition No.65628/2011. The Court has perused the said record of right. It is noticed that the property bearing Sy.No.149 measuring 22 acres 6 guntas stood in the name of Murari Rao Krishna Rao Desai as the owner and from 1943-1944 onwards name of Kareppa Tai Siddalingavva Kamble is mentioned as the person cultivating the land. That entry continued up to 1953-1954. The crop grown in - 14 - HC-KAR NC: 2025:KHC-D:14498 WP No. 65515 of 2012 C/W WP No. 65628 of 2011 the land is also reflected in the property records from 1951- 1952 to 1953-54. 14. Records for the year 1955 and 1956 onwards are not placed before the Court. However, it is admitted that pursuant to the alleged partition in the family of the landlord, the names of the landlords have been entered in the property records and it is further submitted that said entry is made without notice to the tenant Kareppa Tai Shivalingavva Kamble. 15. The provisions of the Karnataka Land Reforms Act, 1961 relating to surrender of lands is governed by Section 25 of the said Act. 16. Section 25 provides for the procedure for surrender of tenancy. “25. Surrender of land by tenant.- (1) No tenant shall surrender any land held by him as such, and no landlord shall enter upon the land surrendered by the - 15 - HC-KAR NC: 2025:KHC-D:14498 WP No. 65515 of 2012 C/W WP No. 65628 of 2011 tenant, without the previous permission in writing of the Tribunal. (2) Permission under sub-section (1) shall be granted if, after making such inquiry as may be prescribed, the Tribunal is satisfied that the proposed surrender is bona fide and the land surrendered does not exceed the extent of land which the landlord could have resumed from his tenant under Section 14; in other cases, the permission shall be refused. (3) Where permission is refused in any case, and the tenant gives a declaration in writing relinquishing his rights in the land, such land shall be deemed to be surplus land and the provisions of Sections 65 to 79 shall mutatis mutandis apply to such land as if such land were surplus land in excess of the ceiling laid down in Section 63 or Section 64.” 17. From the reading of Section 25, it is very much evident that no tenant shall surrender any land held by him and no landlord shall enter upon the land surrendered by - 16 - HC-KAR NC: 2025:KHC-D:14498 WP No. 65515 of 2012 C/W WP No. 65628 of 2011 the tenant without previous permission in writing of the Tribunal. Sub-section (2) of Section 25 provides for the procedure to be followed before granting permission for surrender. 18. Admittedly, no such proceeding has taken place under Section 25 of The Karnataka Land Reforms Act, 1961. This being the position, the Court has to presume that the tenancy is not surrendered but continued by Kareppa Tai Shivalingavva Kambli. 19. It is not the case of the applicant in Writ Petition No.65515/2012 that Kareppa Tai Shivalingavva Kambli created subtenancy in favour of the applicant. This being the position, the Court is of the view that the Tribunal could not have rejected the application filed by Kareppa Tai Shivalingavva Kambli seeking occupancy right. 20. Though, it is urged that the landlord has admitted tenancy of the applicant in Writ Petition No. 65515/2012 to the extent of half share on the eastern - 17 - HC-KAR NC: 2025:KHC-D:14498 WP No. 65515 of 2012 C/W WP No. 65628 of 2011 portion, said contention is not supported by any revenue records. In the absence of any revenue record in the name of Kareppa Tai Shivalingavva Kambli, as already noted above, probably the admission would have come to the aid of the applicant in the Writ Petition No.65515/2012. 21. Since the tenancy in favour of Kareppa Tai Shivalingavva Kambli is established from the long standing entry in the revenue records to the entire extent of 22 acres 6 guntas, the Court cannot accept the contention of the petitioners in Writ petition No.65515/2012 to hold that the tenancy to the extent of half portion in the eastern side in Site No.149 is established. 22. Though learned counsel for the respondents would urge that the property is sold and the petition has become infructuous, the Court cannot accept the said contention. The property is sold during the pendency of the writ petition and rule of lis pendens would apply. - 18 - HC-KAR NC: 2025:KHC-D:14498 WP No. 65515 of 2012 C/W WP No. 65628 of 2011 23. Hence, the following: ORDER (i) Writ Petition No.65515/2012 is dismissed. (ii) Writ petition No.65628/2011 is allowed. (iii) Order of the Land Tribunal is set-aside. (iv) Matter is remitted to the Land Tribunal to grant occupancy right in favour of the petitioners in Writ Petition No. 65628/2011. (v) Since the alleged sale transaction has taken place during the pendency of the Writ Petition, there is no need to issue notice to the alleged purchasers. (vi) The entries shall be changed in the property records pursuant to this order and Form No.*10 within 45 days from the date of the receipt of the copy of the order. Sd/- (ANANT RAMANATH HEGDE) JUDGE Brn CT:BCK LIST NO.: 2 SL NO.: 4 *corrected vide court order dated 25.11.2025 Sd/- ARHJ