- 1 - NC: 2025:KHC-D:5825 WP No. 65821 of 2011 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 65821 OF 2011 (LR-) BETWEEN: 1. KRISHNAPPA S/O. RANGAPPA DASAN AGE: 75 YEARS, OCC: AGRICULTURIST, 2. SHIVAPPA YENKAPPA BANAKAR, AGE: 71 YEARS, OCC: AGRICULTURIST, 3. LAKSHMAPPA VENKAPPA JOKANALE, AGE: MAJOR, OCC: AGRICULTURIST. 4. RINDAVVA W/O. GOPALAPPA, AGE: 52 YEARS, 5. G. SHIDDAPPA S/O. HANUMANTAPPA DASAN, AGE: 61 YEARS, AGRICULTURIST. ALL ARE R/O. SANNAGUBBI VILLAGE, HIREKERUR TALUK, HAVERI DISTRICT. …PETITIONERS (BY SRI. SURESH P. HUDEDAGADDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 1. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:5825 WP No. 65821 of 2011 2. THE LAND TRIBUNAL, BY ITS SECRETARY, SPECIAL TAHSHILDAR, HIREKERUR, TQ: HIREKERUR, DIST. HAVERI 3. AMBUJABAI KOM. GOVINDA RAO KULKARNI, AGE: MAJOR, SINCE DECEASED BY LR’S RESPONDENTS NO. 4 TO 8 ARE LRS OF DECEASED R3. 4. MURALI GOVINDA RAO KULKARNI AGE: MAJOR, 5. SRIKANT GOVINDA RAO KULKARNI AGE: MAJOR, 6. ROHINI GOVINDA RAO KULKARNI AGE: MAJOR, R/O. RANEBENNUR, 7. VAIDEHI GOVINDA RAO KULKARNI MAJOR, R/O. RATTIHALLI, TQ. HIREKERUR. 8. PARIMALA GOVINDA RAO KULKARNI @ PATIL, AGE: MAJOR, R/O. RATTIHALLI, TQ. HIREKERUR, DIST. HAVERI. RESPONDENTS 3 TO 7 BY GPA HOLDER OF 8TH RESPONDENT. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 & R2; SRI. LAXMAN T. MANTAGANI, ADVOCATE FOR R8; (R8 IS GPA HOLDER FOR R4 – R7) R4- R8 ARE LR’S OF DECEASED R3) - 3 - NC: 2025:KHC-D:5825 WP No. 65821 of 2011 ---- THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: A. A WRIT ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 05.08.1981 IN NO.1+12+14+15+17+ 27 VIDE ANNEXURE-H PASSED BY THE LAND TRIBUNAL, HIREKERUR, DISTRICT: HAVERI. B. A WRIT ORDER OR DIRECTION TO THE 2ND RESPONDENT TO CONFER OCCUPANCY RIGHT IN RSPECT OF SY.NO.6 OF SANNAGUBBI VILLAGE, HIREKERUR TALUK, HAVERI DISTRICT IN FAVOUR OF PETITIONERS. 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 are seeking issuance of writ in the nature of Certiorari to quash the order dated 05.08.1981 passed by the Land Tribunal, produced as per Annexure-H and to direct respondent No.2 to confer occupancy right in respect of Sy.No.6 of Sannagubbi village, Hiekerur Taluk, Haveri District. - 4 - NC: 2025:KHC-D:5825 WP No. 65821 of 2011 2. Heard Sri Suresh P. Hudedgaddi, learned counsel for the petitioners, Sri T. Hanumareddy, learned Additional Government Advocate for respondent Nos.1 and 2 and Sri.Laxman T. Mantagani, learned counsel for respondent No.8. Perused the materials on record. 3. It is the contention of the learned counsel for the petitioners that, the petitioners have filed different Form No.7 claming occupancy right in respect of different extents in Sy.No.6 of Sannagubbi village. It is stated that petitioner No.1 had claimed 5.10 acres, petitioner Nos.2 and 3 have claimed 2.00 acres each, petitioner No.4 had claimed 3.00 acres and petitioner No.5 had claimed 1.10 acres. The Land Tribunal, after holding enquiry rejected all the Form No.7 filed by the petitioners in respect of Sy.No.6 along with the other survey numbers. The said order dated 05.08.1981 was challenged by the landlords by preferring W.P.No.13471/1984, contending that the land in question was regranted, and the petitioners are the tenants in respect of the same. During the pendency of the said writ petition, an amendment to Land Reforms Act came into effect. As a result of which, the Land Reforms Appellate - 5 - NC: 2025:KHC-D:5825 WP No. 65821 of 2011 Authority had been constituted. But subsequently it was abolished. Thereafter, the landlords have not chosen to file civil petition before this Court. 4. It is stated that during 1991, the Land Tribunal, suo moto opened the case and granted occupancy right in favour of the petitioners. The contesting respondents being the owners have filed W.P.No.2737241/2000. This Court allowed the said writ petition and the order of the Land Tribunal dated 03.06.1998 was quashed. The petitioners being aggrieved by allowing of the writ petition, preferred W.A.No.6236/2009. Admittedly, the said appeal came to be dismissed for default i.e. for non-prosecution on 14.10.2009. 5. In view of these admitted facts and circumstances of the case, the order granting occupancy right in favour of the petitioners by the Land Tribunal on 03.06.1998 was set aside. Moreover, the claim of the petitioners for grant of occupancy right was already rejected vide order dated 05.08.1981, produced as per Annexure-H. 6. The respondents have challenged the said order by filing writ petition No.13471/1984, and thereafter, they have - 6 - NC: 2025:KHC-D:5825 WP No. 65821 of 2011 not pursued the same when the Land Reforms Appellate Authority was abolished. The petitioners are now seeking to quash the order dated 05.08.1981 by filing this petition dated 25.08.2011. There is absolutely no reason assigned for not challenging the said order in time. Even though subsequently, the Land Tribunal has granted occupancy right in favour of the petitioners, admittedly, this Court had set aside the said order of the Land Tribunal by its order in W.P.No.2737241/2000, which has reached finality. Under such circumstances, I do not find any reason to entertain the petition. Accordingly, I proceed to pass the following: ORDER The petition is dismissed. Sd/- (M.G.UMA) JUDGE MKM CT:ANB List No.: 2 Sl No.: 2