- 1 - NC: 2025:KHC-D:6459 WP No. 108193 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 108193 OF 2014 (LR-) BETWEEN: DATTATREYA G. SAVANT SINCE DECEASED BY LEGAL HEIRS, 1. SHIVANAND S/O. LATE DATTATREYA SAVANT, AGE: 55 YEARS, OCC: SERVICE, PRESENTLY R/O.501 VASANT VIHAR, T.P.S.III, 10TH ROAD, SANTACRUZ EAST-MUMBAI-400055. 2. GOPINATH S/O. LATE DATTATREYA SAVANT, AGE: 53 YEARS, OCC: SERVICE, PRESENTLY R/O. GEESEE APARTMENT, A-10, 2ND FLOOR, C.S.T.ROAD, KALINA, SANTACRUZ EAST-MUMBAI-400029. 3. SRIKANT S/O. LATE DATTATREYA G SAVANT, AGE: 48 YEARS, OCC: SERVICE, PRESENTLY R/O.OM SIDDIVINAYAK, L.T.GUPTE ROAD, MAHIM MUMBAI-400016. 4. SMT.USHA MAHADEV NAIK D/O. LATE DATTATREYA SAVANT AGE: 45 YEARS, OCC: HOUSEWIFE, PRESENTLY R/O: 11-ANJAWADEEP Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:6459 WP No. 108193 of 2014 PLOT NO.99, MODEL TWON, LOKHANDWALA, ANDHERI-WEST, MUMBAI. …PETITIONERS (BY SRI. PRASHANT S. HOSAMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGAORE:560 001. 2. THE CHAIRMAN LAND TRIBUNAL KARWAR, TQ & DIST: KARWAR. 3. THE TAHSILDAR KARWAR, TQ & DIST: KARWAR. 4. NAGESH S/O. GOVIND SHET, AGE: MAJOR, OCC: NOT KNOWN; 5. NARASIMHA GOVIND SHET AGE: MAJOR, OCC: NOT KNOWN, 6. SMT. RADHA BAI GOVINDA SHET, AGE: MAJOR, OCC: NOT KNOWN, THE ABOVE RESPONDENTS 4 TO 6 ARE RESIDENTS OF KARWAR, NEAR PAI RESTAURANT, KARWAR(UTTAR KANNADA DISTRICT) …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3; R4 & R6 STAND ABATED; R5-SERVED) - 3 - NC: 2025:KHC-D:6459 WP No. 108193 of 2014 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: A) ISSUE ANY APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO FORTHWITH TAKE UP & DISPOSE OF CASE NO.TNC.SR.2497.1412 KARWAR PRESENTLY PENDING ON THE FILE OF THE 2ND RESPONDENT EXPEDITIOUSLY WITHIN 3 MONTHS, IN THE INTEREST OF JUSTICE. B) ISSUE ANY APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE 3RD RESPONDENT TAHSILDAR, KARWAR TO INDICATE VESTING LAND BEARING SY.NO.10/1 MEASURING 1 ACRE 10 GUNTAS 8 ANNAS OF SHIRWADA VILLAGE, TQ.KARWAR, DIST. UTTARA KANNADA, IN FAVOUR OF THE 1ST RESPONDENT, STATE GOVERNMENT IN TERMS OF SEC.44 OF THE KARNATAKA LAND REFOMRS ACT, UNTIL THE FINAL DECISION IN RESPECT OF THE PETITIONERS' CLAIM FOR GRANT OF OCCUPANCY RIGHTS IN REGARD TO IT IS DECIDED BY THE 2ND RESPONDENT LAND TRIBUNAL, KARWAR IN CASE NO.TNC.SR.2497.1412 KARWAR, IN THE INTEREST OF JUSTICE. 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 The petitioners have approached this Court seeking issuance of writ in the nature of Mandamus to direct - 4 - NC: 2025:KHC-D:6459 WP No. 108193 of 2014 respondent No.2-the Land Tribunal, Karwar to take up and dispose off the case in TNC.SR.2497.1412 expeditiously, and also to direct respondent No.3-the Tahsildar, Karwar to indicate vesting of land bearing Sy.No.10/1 measuring 1.08 acres in Shirwada village, Karwar taluk in favour of the State in terms of Section 44 of Land Reforms Act. 2. Heard Sri. Prashant S. Hosamani, learned counsel for the petitioners and Sri T.Hanumareddy, learned Additional Government Advocate for respondent Nos.1 to 3. Perused the materials on record. 3. It is the grievance of the petitioners that, their predecessor-in-interest was the tenant, and had filed form No.7. Initially, the same was rejected by the Land Tribunal, which was challenged by the petitioners before this Court by filing writ petition in W.P.No.12343/1993. The said writ petition came to be allowed vide order dated 07.09.1999, setting aside the impugned order passed by the Land Tribunal, and remanding the matter for fresh disposal, in accordance with law. The Land Tribunal was asked to dispose off the matter - 5 - NC: 2025:KHC-D:6459 WP No. 108193 of 2014 within 9 months from the date of receipt of the copy of the order. 4. It is stated that the Tribunal has issued notice to the parties. But thereafter, no progress was made. Annexure-G is the endorsement issued by the Assistant Commissioner, Karwar Sub-Division to the effect that the Land Tribunal, Karwar is not in existence (not functioning). Learned counsel for the petitioners and learned Additional Government Advocate for respondent Nos.1 to 3 made a specific submission that, at present the Land Tribunal, Karwar is functioning. Under these circumstances, learned counsel for the petitioners is seeking writ of Mandamus, directing the Land Tribunal to dispose off the matter expeditiously. 5. The petitioners have claimed issuance of writ in the nature of Mandamus to direct respondent No.3-the Tahsildar to indicate vesting of land bearing Sy.No.10/1 measuring 1.08 acres of Shirwada village, Karwar Taluk. According to the petitioners, since the land is a tenanted land, the Tahsildar is required to mutate the land in the name of the Government as required under Section 44 of the Karnataka Land Reforms Act. - 6 - NC: 2025:KHC-D:6459 WP No. 108193 of 2014 It is the settled position of law that, if the Land Tribunal holds that the property is a tenanted land, the vesting is automatic even without any formal order or mutation entry to that effect. Since the matter is still pending before the Land Tribunal, I am of the opinion that the prayer for issuance of writ in the nature of Mandamus directing respondent No.3, to mutate the land in the name of the Government is unnecessary at this stage. 6. It is noticed that respondent No.4 to 6 are the owners of the land. The writ petition against said respondents was dismissed as abated as per order dated 02.08.2016. Under such circumstances, the Land Tribunal will have to issue fresh notice if they are not represented by their respective counsel. 7. It is to be noticed that, in spite of specific direction given by this Court in W.P.No.12343/1993 dated 07.09.1999, directing the Land Tribunal to dispose off the matter expeditiously, at-least within 9 months, unfortunately the matter is still pending consideration. Hence, I deem it appropriate to direct the Land Tribunal to dispose off the matter expeditiously by affording reasonable opportunity to the parties to put-forth their contentions. - 7 - NC: 2025:KHC-D:6459 WP No. 108193 of 2014 8. In that view of the matter, I proceed to pass the following: ORDER (i) The petition is partly allowed. (ii) The Land Tribunal, Karwar is directed to take up the matter and to dispose off the same expeditiously after making sure that respondent Nos.4 to 6 are represented before it and a reasonable opportunity is given to them to put- forth their contentions on merits. (iii) The claim of the petitioners to direct respondent No.3-the Tahsildar, Karwar to make an entry in the record of rights as the land in question is vested in the Government, is rejected. Sd/- (M.G.UMA) JUDGE MKM CT:ANB List No.: 2 Sl No.: 11