- 1 - HC-KAR NC: 2025:KHC:26977 WP No. 5542 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 5542 OF 2021 (LR) BETWEEN: SMT. BHAGIRATHI SHETTY @ BHARATHI B SHETTY, W/O BHUVANESHWARA SHETTY, AGED ABOUT 65 YEARS, R/AT 'SANCHAYA GIRI', BANTWAL MUDA VILLAGE, BANTWAL TALUK, D.K. DISTRICT – 574 211. REPRESENTED BY HER GENERAL POWER OF ATTORNEY HOLDER SRI. SURESH SHETTY, S/O MAHABALA SHETTY, AGED ABOUT 61 YEARS, R/A DOOR NO.4-229A, COLLEGE ROAD, BANTWAL POST AND VILLAGE, BANTWAL TALUK, D.K. DISTRICT – 574 211. …PETITIONER (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF REVENUE, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26977 WP No. 5542 of 2021 M.S.BUILDING, DR. B.R.AMBEDKAR VEEDHI, BENGALURU – 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE LAND TRIBUNAL, BANTWAL TALUK, D.K. DISTRICT – 574 211. 3. THE TAHSILDAR, BANTWAL TALUK, D.K. DISTRICT – 574 211. 4. SRI SHIVAPPA POOJARI, S/O KOTI POOJARI, MAJOR, SINCE DEAD BY HIS LRS SMT. KAMALA, D/O SHIVAPPA POOJARI, MAJOR, 5. SMT. GIRIJA, D/O SHIVAPPA POOJARI, MAJOR, 6. SRI. NONAIAH, D/O SHIVAPPA POOJARI, MAJOR, 7. SRI. ANANDA, S/O SHIVAPPA POOJARI, MAJOR, - 3 - HC-KAR NC: 2025:KHC:26977 WP No. 5542 of 2021 8. SRI. KOOSAPPA, S/O SHIVAPPA POOJARI, MAJOR, 9. SMT. DIVYA, D/O SHIVAPPA POOJARI, MAJOR, 10. SMT. GEETHA, D/O SHIVAPPA POOJARI, MAJOR, 11. SMT. JANAKI, D/O SHIVAPPA POOJARI, MAJOR, 12. SMT. DEVAKI, D/O SHIVAPPA POOJARI, MAJOR, 13. SRI. NAGESH, S/O SHIVAPPA POOJARI, MAJOR, 14. SMT. YOGINI, D/O SHIVAPPA POOJARI, MAJOR, R4 TO R14 ALL ARE R/A SHAMBHURU VILLAGE, BANTWAL TALUK, D.K. DISTRICT – 574 211. 15. SRI. U. NARAHARI MALLYA, S/O GOPALA KRISHNA MALYA, AGED ABOUT 73 YEARS, - 4 - HC-KAR NC: 2025:KHC:26977 WP No. 5542 of 2021 R/AT MUKHYA PRANA TEMPLE ROAD, MANGALURU, D.K. DISTRICT – 574 211. …RESPONDENTS (BY SRI.K.P.YOGANNA, AGA FOR R1 TO R3; SRI.G.RAVISHANKAR SHASTRY, ADVOCATE FOR R7; R4 TO 6 AND R8 TO 15 ARE SERVED AND UNREPRESENTED) ------ THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 27.01.2018 PASSED BY THE R-2 IN CASE NO.TNC NO.1295/1974-75 AND CONSEQUENTLY SET ASIDE FROM NO.10 DATED 04.08.2018 ISSUD BY THE TAHSILDAR BANTWAL TALUK D.K. DISTRICT UNDER SECTION 55(1) OF THE KARNATAKA LAND REFORMS ACT 1961 VIDE ANNEXURE - A AND B AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard Learned counsel for the parties. 2. In this writ petition, the petitioner is assailing the order dated 27.01.2018 passed by the Land Tribunal, Bantwal Taluk, - 5 - HC-KAR NC: 2025:KHC:26977 WP No. 5542 of 2021 Respondent No.2, in Case No.TNC No.1295/1974-75 (Annexure-A) and, consequently praying to set aside Form No.10 dated 04.08.2018, issued by respondent no.3, Tahsildar, Bantwal Taluk D.K. District (Annexure-B), in favour of the respondents. 3. Having taken note of the submission made by the learned counsel for the parties, it is noticed that, as on the date of the order passed by the Land Tribunal at Annexure-A, the Landlord Gopalakrishna Mallya was dead. 4. In that view of the matter, though it is contended by Sri Ravishankar Shastry, learned counsel for respondent no.7 that, the son of Gopalakrishna Mallya has been notified and thereafter, proceedings was pursued, however, the said submission cannot be accepted on the ground that, the Tribunal has proceeded on the pretext that, the landlord, Gopalakrishna Mallya, was not alive as on the date of passing of the order. In that view of the matter, following the declaration of law made by the Hon'ble Apex Court in the case of Kiran Singh & Others vs. Chaman Paswan & Others reported in AIR 1954 SC 340, wherein it is held that, the order passed against a - 6 - HC-KAR NC: 2025:KHC:26977 WP No. 5542 of 2021 dead person is a nullity in law, I find force in the submission of the learned counsel for the petitioner that, the matter has to be remanded to the Land Tribunal for fresh consideration after affording fair opportunity to the parties concerned. 5. In the result, I pass the following order : ORDER i) Writ petition is allowed; ii) The order dated 27.01.2018 passed by the Land Tribunal, respondent no.2, in Case No.TNC No.1295/1974-75 (Annexure-A) and, Form No.10 dated 04.08.2018 (Annexure-B) issued by respondent no.3, the Tahsildar Bantwal Taluk D.K. District, are hereby quashed. iii) Matter is remitted to the Land Tribunal, Bantwal to reconsider the issue afresh in terms of the observation made above. It is made clear that the Land Tribunal is directed to consider the case only after issuing notice to the concerned parties. SD/- (E.S.INDIRESH) JUDGE RS List No.: 1 Sl No.: 44