- 1 - NC: 2025:KHC-D:6234 WP No. 105321 of 2018 C/W WP No. 107457 of 2018 WP No. 112450 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 105321 OF 2018 (LR-) C/W WRIT PETITION NO. 107457 OF 2018 WRIT PETITION NO. 112450 OF 2019 IN WP NO.105321/2018 BETWEEN: BALAPPA S/O. GIDAPPA DOLLIN SINCE DECEASED BY LRS, HANAMAPPA S/O. BALAPPA DOLLIN, SINCE DECEASED BY HIS LR’S. DYAMANNA S/O. HANAMAPPA DOLLIN, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: KOPPAL, TQ: KOPPAL, DIST: KOPPAL. …PETITIONER (BY SRI. B. V. SOMAPUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGLAURU. 2. THE CHAIRMAN LAND TRIBUNAL, KOPPAL, DIST: KOPPAL. 3. DYAMAPPA S/O. RUDRANNA BADIGER SINCE DECEASED BY LRS, 3A. DEVENDRAPPA S/O. VIRUPAKSHAIYYA BADIGER, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:6234 WP No. 105321 of 2018 C/W WP No. 107457 of 2018 WP No. 112450 of 2019 AGE: 58 YEARS, OCC: CARPENTER, R/O: GOURIANGALA, TQ: KOPPAL, DIST: KOPPAL. 3B. SURESH S/O. VIRUPAKSHAIYYA BADIGER, AGE: 55 YEARS, OCC: CARPENTER, R/O: GOURIANGALA, TQ: KOPPAL, DIST: KOPPAL. 3C. MOHAN S/O. VIRUPAKSHAIYYA BADIGER, AGE: 51 YEARS, OCC: CARPENTER, R/O: GOURIANGALA, TQ: KOPPAL, DIST: KOPPAL. 3D. RUDRAPPA S/O. CHANNAPPA BADIGER, AGE: 58 YEARS, OCC: CARPENTER, R/O: KOTE, NEAR DYAMAVVA TEMPLE, MUNDARGI, TQ. MUNDARGI, DIST: GADAG. 3E. SMT.SHEKAVVA W/O. DEVAPPA SINCE DECEASED BY HER LR’S HER HUSBAND DEVAPPA S/O. KALLAPPA BADIGER AGE: 70 YEARS, OCC: CARPENTER, R/O. VEERAPUR ROAD, HALAGERI, TQ: KOPPAL, DIST: KOPPAL. 4. HANAMANTAPPA S/O. RAMALINGAPPA GALI, AGE: 46 YEARS, OCC: AGRICULTURE, R/O. GOURI ANGAL ONI, KOPPAL. TQ. DIST. KOPPAL. …RESPONDENTS - 3 - NC: 2025:KHC-D:6234 WP No. 105321 of 2018 C/W WP No. 107457 of 2018 WP No. 112450 of 2019 (BY SRI. T. HANUMAREDDY, AGA FOR R1 & R2; SRI. K.L. PATIL, ADVOCATE FOR R4; R3(E) – SERVED; SRI. SAGAR S. HEGDE, ADVOCATE FOR R3(A) TO R3 (D) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING/SETTING ASIDE THE IMPUGNED ORDER PASSED BY THE LAND TRIBUNAL, KOPPAL IN NO.LYR/TMC/106/74-75 DATED 28.06.2018 VIDE ANNEXURE-A SO FAR AS IT RELATES TO REJECTING THE APPLICATION OF THE PETITIONER IN RESPECT OF 14 ACRES OF LAND IN THE SUIT PROPERTY IS CONCERNED AND THE OCCUPANCY RIGHTS IN RESPECT OF SAID 14 ACRES BE GRANTED TO THE PETITIONER. IN W P NO. 107457 OF 2018 BETWEEN: 1. SRI. RAMESH S/O. SANNA HANUMANTAPPA BADIGER, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: KOPPAL, TQ., DIST: KOPPAL. PIN- 583237. 2. SRI. HANUMANTAPPA S/O. NEELAPPA MAREBHAL, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: KOPPAL, TQ., DIST: KOPPAL. PIN- 583237. 3. SRI. YALLAPPA S/O. PAKEERAPPA MALKSAMUDRA, AGE: 61 YEARS, OCC: AGRICULTURE, R/O: KOPPAL TQ., DIST: KOPPAL. 4. SANGOJIRAO S/O. MOUNAGIRAO KATINAL (KALAL), DEAD BY HIS LR’S - 4 - NC: 2025:KHC-D:6234 WP No. 105321 of 2018 C/W WP No. 107457 of 2018 WP No. 112450 of 2019 4A. SRI. SATISH S/O. SANGOJIRAO KATINAL (KALAL) AGE: 28 YEARS, OCC: AGRICULTURE, R/O: KOPPAL, TQ., DIST: KOPPAL. PIN – 583237. 5. SRI. YANKAPPA S/O. GANGAPPA JALIHAL DEAD BY HIS LR’S 5(a) SMT. PADMAVATI W/O. LATE YANKAPPA JALIHAL AGE: 57 YEARS, OCC: HOUSEHOLD WORK, R/O. MATTIKERI ONI, KOPPAL TQ., DIST: KOPPAL. PIN-583237. 5(b) SRI. NAGARAJ S/O. LATE YANKAPPA JALIHAL AGE: 42 YEARS, OCC: BUSINESS, R/O. MATTIKERI ONI, KOPPAL TQ., DIST: KOPPAL PIN – 583237. 5(c) SRI. MANJUNATH S/O. LATE YANKAPPA JALIHAL, AGE: 39 YEARS, OCC: AGRICULTURE, R/O. MATTIKERI ONI, KOPPAL TQ., DIST: KOPPAL PIN-583237. 5(d) SRI. KRISHNA S/O. LATE YANKAPPA JALIHAL AGE: 37 YEARS, OCC: AGRICULTURE, R/O. MATTIKERI ONI, KOPPAL TQ., DIST: KOPPAL PIN- 583237. …PETITIONERS (BY SRI. ANAND R. KOLLI, ADVOCATE) (PETITION AGAINST P5 IS DISMISSED AS ABATED) - 5 - NC: 2025:KHC-D:6234 WP No. 105321 of 2018 C/W WP No. 107457 of 2018 WP No. 112450 of 2019 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU. PIN – 560001. 2. THE CHAIRMAN LAND TRIBUNAL KOPPAL, DIST: KOPPAL. PIN – 583237. 3. SRI. DYAMAPPA S/O. RUDRANNA BADIGER, DEAD BY HIS LR’S, 3A. SRI. DEVENDRAPPA S/O. VIRUPAKSHAIYYA BADIGER, AGE: 58 YEARS, OCC: CARPENTER, R/O: GOURIANGALA, TQ: DIST: KOPPAL. PIN-583237. 3B. SRI. SURESH S/O. VIRUPAKSHAIYYA BADIGER, AGE: 55 YEARS, OCC: CARPENTER, R/O: GOURIANGALA, TQ: DIST: KOPPAL. PIN – 583237. 3C. SRI. MOHAN S/O. VIRUPAKSHAIYYA BADIGER, AGE: 58 YEARS, OCC: CARPENTER, R/O: GOURIANGALA, TQ: DIST: KOPPAL. PIN – 583237. 3D. SRI. RUDRAPPA S/O. CHANNAPPA BADIGER AGE: 58 YEARS, OCC: CARPENTER, - 6 - NC: 2025:KHC-D:6234 WP No. 105321 of 2018 C/W WP No. 107457 of 2018 WP No. 112450 of 2019 R/O: KOTE NEAR DYAMAVVA TEMPLE, MUNDARGI,TQ: MUNDARGI, DIST: GADAG. PIN – 583237. 3E. SMT. SHEKAVVA W/O. DEVAPPA BADIGER SINCE DECEASED BY HER LRS HER HUSBAND DEVAPPA S/O. KALLAPPA BADIGER, AGE: 70 YEARS, OCC: CARPENTER, R/O: VEERAPUR ROAD, HALAGERI, TQ: DIST: KOPPAL. PIN – 583237. 4. SRI. HANAMANTAPPA S/O. RAMALINGAPPA GALI, AGE : 46 YEARS, OCC: AGRIUCLTURE, R/O: GOURI ANGAL ONI, KOPPAL, YELBURGA, TQ: DIST: KOPPAL. PIN – 583237. 5. SRI. BALAPPA S/O. GIDAPPA DOLLIN SINCE DECEASED BY LRS, HANAMAPPA S/O. BALAPPA DOLLIN, AGE: 75 YEARS, OCC: AGRICULTURE, R/O: KOPPAL, TQ: DIST: KOPPAL. REPRESENTED BY HIS P.A. HOLDER, DYAMANNA S/O. HANAMAPPA DOLLIN, AGED ABOUT: 46 YEARS, OCC: AGRICULTURE, R/O: KOPPAL, TQ: DIST: KOPPAL. PIN – 583237. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 AND R2; SRI. K.L. PATIL, ADVOCATE FOR R4; - 7 - NC: 2025:KHC-D:6234 WP No. 105321 of 2018 C/W WP No. 107457 of 2018 WP No. 112450 of 2019 SRI. B.V. SOMAPUR, ADVOCATE FOR R5; R3(E) – ABATED; SRI. S.R. HEGDE, ADVOCATE FOR R3(A) TO R3(D) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI IS QUASHING THE IMPUGNED ORDER DATED 28.06.2018 IN BEARING NO.LRY/TNC/106/74-75 PASSED BY THE RESPONDNET NO.2 VIDE ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY. IN WP NO.112450/2019 BETWEEN: SRI. MOHAMMED SHABBIR S/O. HYDERALI SIDDIQI AGE. 45 YEARS, OCC. AGRICULTURE, R/O. KOPPAL,TQ. KOPPAL DIST. KOPPAL. …PETITIONER (BY SRI. MAHESH WODEYAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. THE CHAIRMAN LAND TRIBUNAL, KOPPAL DIST. KOPPAL. 3. BALAPPA S/O. GIDAPPA DOLLIN SINCE DECEASED BY LRS, 3) HANAMAPPA S/O. BALAPPA DULLIN AGE: 65 YEARS, - 8 - NC: 2025:KHC-D:6234 WP No. 105321 of 2018 C/W WP No. 107457 of 2018 WP No. 112450 of 2019 OCC: AGRICULTURE, R/O. KOPPAL, TQ: KOPPAL, DIST: KOPPAL. 3a. DYAMANNA S/O. HANUMAPPA DOLLIN, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. MEHABOOB NAGAR, NEAR WATER TANK, SHINDOGI ROAD, KOPPAL TQ: DIST: KOPPAL – 583231. DYAMAPPA S/O. RUDRANNA BADIGER SINCE DECEASED BY LR’S, 4. DEVENDRAPPA S/O. VIRUPAKSHAIYYA BADIGER AGE: MAJOR, OCC: CARPENTER, R/O. GOURIANGALA, TQ. KOPPAL, DIST. KOPPAL. 5. SURESH S/O. VIRUPAKSHAIYYA BADIGER, AGE: MAJOR, OCC: CARPENTER, R/O. GOURIANGALA, TQ: KOPPAL, DIST: KOPPAL. 6. MOHAN S/O. VIRUPAKSHAIYYA BADIGER, AGE.MAJOR, OCC. CARPENTER, R/O. GOURIANGALA, TQ. KOPPAL DIST. KOPPAL. 7. RUDRAPPA S/O. CHANNAPPA BADIGER, AGE. MAJOR, OCC. CARPENTER, R/O GOURIANGALA, TQ. KOPPAL DIST. KOPPAL. - 9 - NC: 2025:KHC-D:6234 WP No. 105321 of 2018 C/W WP No. 107457 of 2018 WP No. 112450 of 2019 8. SMT. SHEKAVVA W/O. DEVAPPA AGE.MAJOR, OCC. HOUSEHOLD, R/O. HALAGERI, TQ. KOPPAL, DIST. KOPPAL. 8a. DEVAPPA S/O. KALAPPA BADIKER, AGE: 74 YEARS, OCC: AGRICULTURE, R/O. HALAGERI, VEERAPUR ROAD, SHINDOGI ROAD, KOPPAL – 583231. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 & R2; R3 & R8 – DECEASED; R3(A), R4, R5, R6, R7, R8(A) – ARE SERVED) ------ THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTIONS IN THE NATURE OF CERTIORARI QUASH THE ORDER DATED 28-06-2018 PASSED BY THE LAND TRIBUNAL, KOPPAL, IN NO.LRY/TNC/106/74-75 VIDE "ANNEXURE-A" SO FAR IT RELATES TO AN EXTENT OF 21 GUNTA OUT OF 6A-38G IN SY.NO.489/P3 IS CONCERNED. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA - 10 - NC: 2025:KHC-D:6234 WP No. 105321 of 2018 C/W WP No. 107457 of 2018 WP No. 112450 of 2019 COMMON ORDER The petitioners in WP.No.107457 of 2018 has approached this Court seeking issuance of writ in the nature of Certiorari to quash the order dated 28.06.2018, passed by Respondent No.2- the Land Tribunal, produced as per Annexure-F; the petitioner in WP Nos.112450 of 2019 and 105321 of 2018 have approached this Court seeking issuance of writ in the nature of Certiorari to quash the very same order produced as per Annexure-A. 2. Heard Sri.B.V.Somapur, learned counsel for the petitioner, and Sri.T.Hanumareddy, learned Additional Government Advocate for respondent Nos.1 and 2 in WP.No.105321/2018; Sri.Mahesh Wodeyar, learned counsel for the petitioner and Sri.T.Hanumareddy, learned Additional Government Advocate for respondent Nos.1 and 2 in WP.No.112450/2019, Sri.Anand R Kolli, learned counsel for the petitioners and Sri.T.Hanumareddy, learned Additional Government Advocate for respondent Nos.1 and 2; Sri.K.L.Patil, learned counsel for the respondent No.4, Sri.B.V.Somapur, learned counsel for the respondent No.5 - 11 - NC: 2025:KHC-D:6234 WP No. 105321 of 2018 C/W WP No. 107457 of 2018 WP No. 112450 of 2019 and Sri.S.R.Hegde, learned counsel for the respondent Nos.3(A) to 3(D) in WP.No.107457/2018. 3. The petitioners in these petitions are impugning the order dated 28.06.2018, passed by Respondent No.2-Land Tribunal, Koppal insofar as it relates to rejection of the application for grant of occupancy right made by the tenant, that is the petitioner in W.P.No.105321 of 2018 in respect of 14 acres of land in Sy.No.489 of Koppal village. It is the contention of the petitioners that the land in question was owned by respondent No.3 -Dayamappa Rudrappa Badiger and the petitioner in WP No.105321 of 2018 was the tenant, who was personally cultivating the land. Therefore, he filed Form No.7, claiming occupancy right in respect of the entire 24 acres 31 guntas of land. The record of rights for the year 1967-68 and subsequently, 1974-75 to 1976-77 reflect the name of the petitioner as a tenant. However, the Land Tribunal passed the order rejecting his claim of the petitioner in respect of 14 acres of land. The Land Tribunal held an inquiry and granted occupancy right in favor of father of the petitioner in - 12 - NC: 2025:KHC-D:6234 WP No. 105321 of 2018 C/W WP No. 107457 of 2018 WP No. 112450 of 2019 respect of 14 acres of land, while rejecting the claim in respect of 10 acres 31 guntas of land. Being aggrieved by the same, the petitioner has filed WP.No.16015 of 1991, seeking remanding of the matter for fresh inquiry only in respect of 10 acres 31 guntas of land, which was rejected by the Land Tribunal. The said petition came to be allowed by this Court vide order dated 22-03-1999, produced as per Annexure-E, thereby setting aside the impugned order passed by the land Tribunal to the limited extent of rejecting the claim of the petitioners beyond 14 acres, i.e. with regard to the remaining 10 acres 31 guntas of land. 4. The materials on record disclose that, the owner of the land challenged grant of 14 acres of land in favour of the tenant by filing Writ Petition No.22746 of 1992. The said Writ Petition came to be dismissed for default, i.e., for non-prosecution, vide order dated 10.08.2000, produced as per Annexure-F. A Civil Petition was filed before this Court by the owner, which also came to be dismissed vide order dated 12.03.2004, produced as per Annexure-G. The - 13 - NC: 2025:KHC-D:6234 WP No. 105321 of 2018 C/W WP No. 107457 of 2018 WP No. 112450 of 2019 owner has preferred Writ Appeal in W.A.No.4131 of 2004, which also came to be dismissed by the Division Bench of this Court as per order dated 22.11.2004. 5. Thus, it is clear that, the claim of the owner in respect of 14 acres of land that was granted in favor of the tenant, was rejected by this Court. The remand of the matter by the Co-ordinate Bench of this Court as per Annexure-E is to the limited extent concerning rejection of the area beyond 14 acres, has reached finality. 6. The petitioners in WP.Nos.107457 of 2018 and 112450 of 2019 claim that they have purchased 1 acres 39 guntas and 21 Guntas respectively out of this 14 acres of land, from the original tenant. Therefore, their claim in respect of the property purchased by them is to be safeguarded, as remanding of the matter to the Land Tribunal for fresh consideration is only in respect of the remaining 10 acres 31 guntas of land, excluding 14 acres of land, which is already granted in favor of the tenant. - 14 - NC: 2025:KHC-D:6234 WP No. 105321 of 2018 C/W WP No. 107457 of 2018 WP No. 112450 of 2019 7. According to the learned counsel for contesting respondent No.7, respondent No.7 had sold a portion of the disputed land in favor of third parties and they have filed writ petitions before this Court, challenging the order of the Land Tribunal granting 14 acres in Survey No.489 of Koppal Village, in favour of the tenant and they have succeeded in the writ petition. Unfortunately, no materials are placed before the Court either to contend that the portion of the land is already sold or to support the contention that any writ petition was filed and they have succeeded in the matter. 8. Learned counsel for the respondent No.4 places the reliance on the order dated 17.04.2008, passed in WP No. 223882 of 2002 by this Court, produced as per Annexure- R10 along with the statement of objections, to contend that the entire claim of the petitioner was challenged before this Court by respondent No.4- Hanumantappa, and the said writ petition was allowed. Therefore, the claim of the petitioners that remanding of the matter as per Annexure-G was only in respect of 10 acres 31 guntas cannot be - 15 - NC: 2025:KHC-D:6234 WP No. 105321 of 2018 C/W WP No. 107457 of 2018 WP No. 112450 of 2019 accepted. Learned counsel for the petitioners produced the copy of writ petition in WP No.223882 of 2002, filed by respondent No.4 – Hanumanthappa. As per the petition, the writ in the nature of certiorari was sought to quash the order of the Land Tribunal, dated 29-05-2002. Even as per the order produced as per Annexure-R10, the petitioner has sought for quashing the order of the Land Tribunal dated 29-05-2002, which is produced as per Annexure-R9 by the contesting respondents. It is pertinent to note that as per Annexure-R9, the Land Tribunal had granted occupancy right in favor of the tenant in respect of 10 acres 31 guntas of land in question. But it was not in respect of the remaining 14 acres of land. Therefore, the said contention taken by the learned counsel for respondent No.4 that the entire claim of the tenants in respect of 24 acres 31 guntas of land in question was set aside by this Court cannot be accepted. Accordingly, it is rejected. 9. Learned AGA for respondent Nos.1 to 6 supports the contention of the petitioner on the basis of Annexure-E, the - 16 - NC: 2025:KHC-D:6234 WP No. 105321 of 2018 C/W WP No. 107457 of 2018 WP No. 112450 of 2019 order passed by this Court, making it clear that, remanding of the matter was only in respect of limited extent of the land concerning rejection of the area beyond 14 acres. Under such circumstances, the Land Tribunal was not right in passing the impugned orders. 10. In the light of the discussions held above, I have considered the impugned order dated 28.06.2018. Ignoring confirmation of grant of occupancy rights in favor of the tenant in respect of 14 acres of land, the Land Tribunal proceeded to reject the claim of the tenant in respect of the very same 14 acres of land. Therefore, the said order is liable to be quashed. It is pertinent to note that in the body of the order, the Land Tribunal observed that as per the records that are available, 10 acres 31 guntas of land was in possession and cultivation of the tenant. But, in respect of 14 acres of land, it was held that the same was in possession of the owner. However, in the operative portion, there is no reference to 10 acres 31 guntas of land granting occupancy right in favor of the tenant. But, the claim of the tenant in respect of 14 acres - 17 - NC: 2025:KHC-D:6234 WP No. 105321 of 2018 C/W WP No. 107457 of 2018 WP No. 112450 of 2019 of land was rejected. Under such circumstances, the impugned order challenged in these writ petitions, is liable to be quashed. The matter is to be remanded back to the Tribunal for fresh consideration in the light of the discussions held above. 11. It is made clear that remanding of the matter to the Tribunal is only in respect of 10 acres 31 guntas of land in Sy.No.489 of Koppal village. The Land Tribunal is required to hold an inquiry in respect of such extent of land only. But, not in respect of the remaining 14 acres of land, which was granted in favor of the petitioner, and which has already reached finality. In view of the above, I proceed to pass the following: ORDER i) The writ petitions are allowed. ii) The impugned order dated 28.06.2018, passed by respondent No.2-Land Tribunal is quashed. iii) The matters are remanded back to the Land Tribunal for fresh consideration of the claim - 18 - NC: 2025:KHC-D:6234 WP No. 105321 of 2018 C/W WP No. 107457 of 2018 WP No. 112450 of 2019 of the tenant only in respect of 10 acres 31 guntas in Sy.No.489 of Koppal village. iv) Both the parties are directed to appear before the Land Tribunal, Koppal on 15.05.2025 without waiting for fresh notice. Sd/- (M.G.UMA) JUDGE Vb/- CT:ANB List No.: 2 Sl No.: 0