- 1 - NC: 2025:KHC-D:6789 WP No. 100139 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS. JUSTICE M.G.UMA WRIT PETITION NO. 100139 OF 2016 (LR-SEC 48) BETWEEN: 1. SRI. RAMAPPA S/O. MAHADEVAPPA AKKISAGAR @ MURKUMBI, AGE: 60 YEARS, OCC: AGRICULTURE, R/O:WADERATTI, TALUKA: GOKAK, DISTRICT: BELAGAVI. 2. SRI.SIDDAPPA S/O. MAHADEVAPPA AKKISAGAR @ KURKUMBI, AGE: 58 YEARS, OCC: AGRICULTURE, R/O:WADERATTI TALUKA: GOKAK, DISTRICT: BELAGAVI. 3. SRI. SHANKAR S/O. MAHADEVAPPA AKKISAGAR @ MURKUMBI, AGE:50 YEARS, OCC: AGRICULTURE, R/O:WADERATTI, TALUKA: GOKAK, DISTRICT: BELAGAVI. 4. SMT.RUKKAVVA W/O. JADGAPPA AKKISAGAR @ MURKUMBI, AGE: 45 YEARS, OCC:HOSUEHOLD, R/O: WADERATTI, TALUKA: GOKAK, DISTRICT: BELAGAVI. 5. SRI. HALAPPA S/O. JADGAPPA AKKISAGAR @ MURKUMBI, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:6789 WP No. 100139 of 2016 AGE: 22 YEARS, OCC: AGRICULTURE, R/O: WADERATTI, TALUKA: GOKAK, DISTRICT: BELAGAVI. …PETITIONERS (BY SMT. BINDU GANACHARI, ADVOCATE FOR SRI. VINAY S. KOUJALAGI, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU. 2. THE LAND TRIBUNAL, SAVADATTI, BY ITS SECRETARY. 3. ASHOK S/O. SATYAPPA KUDACHI, AGED MAJOR, OCC: AGRICULTURE, R/O:GOVANAKOPPA K.S TALUK: SAVADATTI DISTRICT:BELAGAVI. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 & R2; R3- HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE ORDER BEARING NO.KLR/SDT/102/05 DATED 29.06.1981 PASSED BY THE LAND TRIBUNAL, SAVADATTI PRODUCED AT ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:6789 WP No. 100139 of 2016 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioners have approached this Court seeking issuance of writ in the nature of Certiorari to quash the order dated 29.06.1981 passed by respondent No.2 – Land Tribunal, Savadatti, produced as per Annexure-E. 2. Heard Ms.Bindu Ganachari for Sri.Vinay S. Koujalagi, learned counsel for the petitioner, and Sri. T. Hanumareddy, learned AGA for respondents No.1 and 2. Respondent No.3, though served with notice, remained unrepresented. Perused the materials on record including the original records secured by the learned AGA. 3. It is the contention of the petitioners that, they are the legal representatives of Mahadevappa Akkisagar @ Murkumbi, who was the original tenant in occupation and cultivation of the land bearing Survey No.191 measuring 35.09 acres situated at Govankoppa KS Village in Savadatti Taluk. Mahadevappa had filed Form No.7 on 26.12.1974, produced as per Annexure-A, claiming - 4 - NC: 2025:KHC-D:6789 WP No. 100139 of 2016 occupancy right in respect of the land. Respondent No.2 – Land Tribunal, held enquiry and passed the impugned order on 29.06.1981, produced as per Annexure-E, rejecting the claim of Mahadevappa. The only contention raised by the learned counsel for the petitioners is that, Mahadevappa had died on 20.02.1977 as per the death certificate produced as per Annexure-C. Therefore, as on the date of the impugned order, Mahadevappa was not alive and hence the order was passed against the dead person. In view of the same, he prays for allowing the petition. 4. Per contra, learned AGA for the respondents submitted that, the impugned order discloses that the notice was served on the claimant. The Land Tribunal, after taking into consideration the materials on record, passed the order on merits. Further, even though the order impugned is dated 29.06.1981, this writ petition came to be filed in the year 2016 i.e., after inordinate delay of 35 years. The death certificate was also obtained - 5 - NC: 2025:KHC-D:6789 WP No. 100139 of 2016 as per Annexure-C only on 09.09.2015, even though it is contended that Mahadevappa had died on 20.02.1977. Under such circumstances, it is contended that the petitioners have not made out any grounds to interfere with the impugned order and prays for dismissal of the petition. 5. On perusal of the materials on record, in the light of the submissions made by both the learned counsel, prima facie it is clear that, Mahadevappa, who claims to be the tenant before the Land Tribunal, had died on 20.02.1977. But the impugned order at Annexure-E came to be passed on 29.06.1981. Admittedly, no notice was issued to the petitioners, who claim to be the legal representatives of the deceased tenant. Under such circumstances, the impugned order, which is passed against the dead person, is liable to be quashed. The matter is required to be remanded back to respondent No.2 – Land Tribunal, Savadatti, for fresh consideration in - 6 - NC: 2025:KHC-D:6789 WP No. 100139 of 2016 accordance with law. Accordingly, I proceed to pass the following: ORDER i. The petition is allowed. ii. The impugned order dated 29.06.1981, passed by the Land Tribunal, Savadatti, produced as per Annexure-E, is quashed. iii. The matter is remanded back to respondent No.2 – Land Tribunal, Savadatti, for consideration of the claim of the tenant in accordance with law. iv. The petitioners are directed appear before respondent No.2 – Land Tribunal, on 02.06.2025, without waiting for issuance of fresh notice. If the petitioners fail to approach, the Land Tribunal is entitled to pass appropriate orders. - 7 - NC: 2025:KHC-D:6789 WP No. 100139 of 2016 v. The Land Tribunal shall issue notice to respondent No.3 herein, about the date of appearance. Sd/- (M.G.UMA) JUDGE gab CT:ANB List No.: 2 Sl No.: 7