- 1 - NC: 2025:KHC-D:6424 WP No. 66017 of 2012 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. 66017 OF 2012 (LR-) BETWEEN: 1. GURULINGAPPA S/O. BASAPPA KAMA, SINCE DECEASED BY HIS LRS 1a. BASAPPA S/O. GURULINGAPPA KAMA AGE: 64 YEARS, OCC: AGRICULTURE, R/O. SIMIKERI, TQ AND DIST: BAGALKOT. 1b. SMT. YAMANAVVA W/O. GANGAPPA HONNAPPANNAVAR, AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O. TULASIGERI, TQ AND DIST: BAGALKOT. 1c. SMT. RUKMMAVVA W/O. SANKAPPA DEVARAVAR, AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O. HOMBAL, TQ AND DIST: GADAG. 1d. SMT. SHANTAVVA W/O. BASLINGAPPA SIMIKERI, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O. INGALAGI, TQ AND DIST: BAGALKOT. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:6424 WP No. 66017 of 2012 1e. RAMANNA S/O. GURULINGAPPA KAMA, AGE: 54 YEARS, OCC: AGRICULTURE, R/O. SIMIKERI, TQ AND DIST: BAGALKOT. 1f. SHIVANAND S/O. GURULINGAPPA KAMA AGE: 50 YEARS, OCC: AGRICULTURE, R/O. SIMIKERI, TQ AND DIST: BAGALKOT. 1g. BARADDI S/O. GURULINGAPPA KAMA AGE: 48 YEARS, OCC: AGRICULTURE, R/O. SIMIKERI, TQ AND DIST: BAGALKOT. 1h. SMT. MALLAKKA W/O. SAKARAPPA KHUSHABI, AGE: 45 YEARS, OCC: HOUSEHOLD WORK, R/O. KERKALMATTI, TQ: BADAMI DIST: BAGALKOT. 1i. MUTTANNA S/O. GURULINGAPPA KAMA, AGE: 42 YEARS, OCC: AGRICULTURE, R/O. SIMIKERI, TQ AND DIST: BAGALKOT. 1j. SHRIPAD S/O. GURULINGAPPA KAMA, AGE: 40 YEARS, OCC: AGRICULTURE, R/O. SIMIKERI, TQ AND DIST: BAGALKOT. 1k. SMT. LALITA W/O. CHIDANAND SIDARADDI AGE: 38 YEARS, OCC: HOUSEHOLD WORK, - 3 - NC: 2025:KHC-D:6424 WP No. 66017 of 2012 R/O. MADARKHANDI, TQ: JAMKHANDI, DIST: BAGALKOT. …PETITIONERS (BY SMT. PALLAVI PACHCHAPURE, ADV. FOR SHRI F. V. PATIL, ADV.) AND: 1. THE STATE OF KARNATAKA R/BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU. 2. THE CHAIRMAN LAND TRIBUNAL, BAGALKOT TQ & DIST: BAGALKOT. 3. GADIGEPPA S/O. SIDDAPPA PUJARI SINCE DECEASED BY HIS LR’S 3a. SMT. SABAWWA W/O. GADIGEPPA PUJARI, AGE: 59 YEARS, OCC: AGRICULTURE, R/O. GADDANAKERI, TQ & DIST: BAGALKOT. 3b. SMT. TIPPAWWA W/O. BHIMAPPA CHIKKUR AGE: 27 YEARS, OCC: AGRICULTURE, R/O. TALASIGERI, TQ and DIST: BAGALKOT. 3c. YAMANAVVA W/O. YAMANAPPA CHKKUR, R/O: TULASIGERI, TQ and DIST: BAGALKOT. 3d. SIDDA S/O. GADIGEPPA PUJARI AGE: 25 YEARS, OCC: AGRICULTURE, R/O. GADDANAKERI, - 4 - NC: 2025:KHC-D:6424 WP No. 66017 of 2012 TQ and DIST: BAGALKOT. 4 ANNARAO @ ANNAJI, DESAI, SINCE DECEASED BY HIS LR’S 4a. SMT. KAMALABAI W/O. ANNARAO @ ANNAJI DESAI, AGED ABOUT 76 YEARS, OCC: HOUSEHOLD WORK, 4b. SMT. SONABAI KISHOR KULKARNI, AGED ABOUT 76 YEARS, OCC: HOUSEHOLD WORK, 4c. VENKATESH S/O. ANNARAO @ ANNAJI DESAI, AGED ABOUT 54 YEARS, OCC: AGRICULTURE, 4d. SMT. SHAKUNTAL RAGHU DESAI, AGED ABOUT 50 YEARS, OCC: HOUSEHOLD WORK, 4e. SMT. REKHA SRINIVAS DANDIN AGED ABOUT 47 YEARS, OCC: HOUSEHOLD WORK, 4f. PRALHAD S/O. ANNARAO @ ANNAJI DESAI, AGED ABOUT 45 YEARS, OCC: AGRICULTURE, 5. GURURAO VENKATESH DESAI, AGED ABOUT 84 YEARS, OCC: HOUSEHOLD WORK, ALL ARE RESIDENT OF GADDANAKERI, TQ AND DIST: BAGALKOT. …RESPONDENTS (BY SHRI T. HANUMAREDDY, AGA FOR R1 & R2; SHRI HARSH DESAI, ADV. FOR R3 (A, B & D); R3(C)-SERVED; SHRI HARISH S. MAIGUR, ADV. FOR R4(A TO F) & R5) - 5 - NC: 2025:KHC-D:6424 WP No. 66017 of 2012 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER VIDE ANNEXURE-E DATED 16/08/2011 PASSED BY THE LAND TRIBUNAL, BAGALKOT, RESPONDENT NO.2 IN LR/SR NO.759 AND ALLOW THE APPLICATION FILED BY THE PETITIONERS FOR BRINGING LRS ON RECORD VIDE ANNEXURE-D, IN THE INTEREST OF JUSTICE AND EQUITY. 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 Certiorari to quash the impugned order dated 16.08.2011, passed by the Land Tribunal, Bagalkot, produced as per Annexure-E. 2. Heard Smt.Pallavi Pachchapure, learned counsel for the petitioners, Sri.T.Hanumareddy, learned Additional Government Advocate for respondent Nos.1 and 2, Sri. Harsh Desai, learned counsel for respondent Nos.3(A, B and D), Sri.Harish S Maigur, learned counsel for respondent Nos.4(A to F) and 5. Perused the materials on record. 3. It is noticed that one Gurulingappa, who is petitioner No.1 and respondent No.3 have filed separate Form No.7 in respect of survey number 156/17, measuring 6 acres 17 guntas situated at - 6 - NC: 2025:KHC-D:6424 WP No. 66017 of 2012 Gaddankeri village, claiming occupancy right. It is stated that the Land Tribunal enquired into these Form No.7 separately, and rejected both the applications. It is stated that the legal representatives of deceased claimant had approached this Court by filing WP No.45007 of 2001, seeking to quash the order dated 26.03.1988 i.e. the order passed against them. The said petition came to be allowed and the matter was remanded back to the Land Tribunal. 4. Even though learned counsel for the petitioners contends that the petitioners had also approached this court by filing separate writ petition seeking to quash the order passed against them, dated 26.03.1988, learned counsel for the petitioners is not in a position to furnish any details such as writ petition number or date of the order passed in writ petition. she is also not aware as to the result of the said writ petition. Therefore, the contention that the petitioners have also called the order of the Land Tribunal rejecting their claim cannot be accepted. The fact remains that legal representatives of respondent No.3 even though have filed the writ petition No.45007 of 2001, they had not sought for quashing of the order passed against them, but sought for quashing of the order passed against the petitioner. This Court, by - 7 - NC: 2025:KHC-D:6424 WP No. 66017 of 2012 order dated 20.11.2004, produced as per Annexure-C, allowed the writ petition and quashed the said order dated 26.03.1988 without hearing the petitions or the owner of the land i.e. respondent No.4 herein. Therefore, all the learned counsel submit in unison that the matter may be remanded back to the Land Tribunal for fresh consideration of Form No.7 filed by the predecessors in title of petitioner No.1 and respondents. However, it is the contention of respondent No.4 that his application for re-grant of the land is pending consideration. The same is to be considered by the appropriate authority after considering the rival claim of the predecessor in title of petitioner No.1 and respondent No.3 by the Land Tribunal. 5. In view of the above, I am of the opinion that, the order dated 16.08.2011, passed by the Land Tribunal, Bagalkot, rejecting the claim of both the claimants is to be quashed as the Land Tribunal has not passed the said order on merits but on technicalities. If in case, Land Tribunal again rejects rival claimants on merits then the claim of respondent No.4 for re-grant of the land would be considered by the appropriate authority. Hence, I am of the opinion that, writ petition is liable to be allowed. Accordingly, I proceed to pass the following: - 8 - NC: 2025:KHC-D:6424 WP No. 66017 of 2012 ORDER i) The petition is allowed. ii) The order dated 16.08.2011, passed by the Land Tribunal – respondent No.2, produced as per Annexure-E is set aside. iii) The matter is remitted back to the Land Tribunal, Bagalkot with a direction to consider From No.7 filed by predecessors in the title of petitioner No.1 as well respondent No.3 afresh, after giving opportunity to both the parties to put forth their rival contentions. iv) Petitioners, respondent Nos.3 (A to D) and respondent No.4 represented by their legal representatives are directed to appear before the Land Tribunal, Bagalkot on 19.05.2025 without awaiting for fresh notice. Sd/- (M.G.UMA) JUDGE VB/CT:ANB/List No.: 2 Sl No.: 5