- 1 - NC: 2025:KHC-D:4111 WP No. 66216 of 2009 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 66216 OF 2009 (LR-) BETWEEN: 1. SHANTAVVA W/O. FAKKIRAPPA BUDIHAL, AGE: 55 YEARS, OCCU: HOUSEHOLD, R/O: SHEELVANT SOMAPUR, TQ: SHIGGAON, DIST: HAVERI. 2. BASAVANNEPPA FAKKIRAPA BUDIHAL, AGE: ABOUT 30 YEARS, OCCU: AGRICULTURE, R/o – DO -. 3. CHANDRAPA S/O. FAKKIRAPPA BUDIHAL, AGE: ABOUT 25 YEARS, OCCU: AGRICULTURE, R/o – DO -. …PETITIONERS (BY SRI. SURESH P. HUDEDAGADDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BANGALORE. 2. THE CHAIRMAN LAND TRIBUNAL, V N BADIGER HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4111 WP No. 66216 of 2009 SHIGGAON, DIST: HAVERI. 3. NAGAPPA S/O. BHIMAPPA PUJAR, AGE: MAJOR, OCCU: AGRICULTURE, R/O: GOTAGODI, TQ: SHIGGAON, DIST: HAVERI. 4. FAKKIRAPA BHIMAPPA PUJAR, AGE: MAJOR, OCCU: AGRICULTURE, R/O: - DO -. …RESPONDENTS (BY SRI T.HANUMAREDDY, AGA FOR R1 & R2; SRI R.V. ITAGI, ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRYAING TO ISSUE A WRIT OR DIRECTION IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER DATED 30.10.1980 PASSED BY THE 2ND RESPONDENT IN KLR DVTSR 207 VIDE ANNEXURE-D AND ISSUE SUCH OTHER WRIT OR ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS JUST AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND SUCH OTHER RELIEFS. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:4111 WP No. 66216 of 2009 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioners have approached this Court seeking for the following reliefs: a. Issue a writ or direction in the nature of certiorari by quashing the order dated 30.10.1980 passed by the 2nd respondent in KLR DVTSR 207 vide Annexure-D; and b. Issue such other writ or order or direction as this Hon’ble Court deems just and proper under the facts and circumstances of the case and in the interest of justice and equity. c. Kindly call for the records from the Land Tribunal, Shiggaon pertaining to the above order.” 2. Heard Sri Suresh P. Hudedagaddi, learned counsel for petitioners, Sri T.Hanumareddy, learned Additional Government Advocate for respondent Nos.1 and 2 – State and Sri R.V.Itagi, learned counsel for respondent nos.3 and 4. Perused the material on record. 3. The grievance of petitioners is that, they being the wife and children of deceased Fakkirappa Budihal are entitled to be heard by respondent No.2 - Land Tribunal, Shiggaon, Haveri district. It is the contention of the - 4 - NC: 2025:KHC-D:4111 WP No. 66216 of 2009 petitioners that one Bhimappa Pujar was the original owner of land bearing Sy.No.57, measuring 2 acres 20 guntas situated at Gotagodi village of Shiggaon taluk in Haveri district. He leased the same in favour of Basavanneppa Hesarur under a registered lease deed during the year 1964-65. Later the very same Bhimappa Pujar sold the aforementioned land in favour of said Basavanneppa Hesarur under the registered sale deed dated 27.04.1973. On the same day Basavanneppa Hesarur sold the said property in favour of Fakkirappa Budihal, who is the husband of petitioner No.1 and father of petitioner Nos.2 and 3. Thus, Fakkirappa Budihal became the absolute owner and was in possession of the land bearing Sy.No.57 measuring 2 acres 20 guntas of Gotagodi village. 4. It is the contention of petitioners that respondent Nos.3 and 4, being sons of Bhimappa Pujar, the original owner, have filed Form No.7 seeking to declare them as occupants of land in question under the - 5 - NC: 2025:KHC-D:4111 WP No. 66216 of 2009 Karnataka Land Reforms Act, 1961. The said application was considered by respondent No.2 and the impugned order dated 30.10.1980 as per Annexure-D came to be passed. However, the landlord was not notified. This fact come to the notice of the landlord recently, and thereafter immediately the writ petition came to be filed. 5. As per Annexure-D, the order dated 30.10.1980 discloses that none of the person is arrayed as the owner of the property to notify regarding enquiry for confirmation of occupancy right in favour of respondent No.3 and 4. Moreover, Annexure-A is the registered sale deed dated 27.04.1973 executed by Bhimappa Pujar. Now his sons i.e., respondent No.3 and 4 are said to be claiming right over the said land. 6. Annexure-B is the similar copy of the registered sale deed dated 27.04.1973 executed by Basavanneppa Hesarur in favour of Fakkirappa Budihal, the husband of petitioner No.1 and father of petitioner Nos.2 and 3. Therefore, I find considerable force in the contention taken - 6 - NC: 2025:KHC-D:4111 WP No. 66216 of 2009 by the petitioners with regard to the impugned order produced as per Annexure-D, which was passed behind the back of Fakkirappa Budihal under whom the petitioners are claiming right over the properties. In view of above, I proceed to pass the following : ORDER i. Writ petition is allowed. ii. Impugned order dated 30.10.1980 passed by the 2nd respondent, produced as per Annexure-D is quashed. The matter is remanded back to Respondent No.2, the Land Tribunal, Shiggaon, Haveri District with a direction to consider the application filed by respondent Nos.3 and 4 afresh, after impleading petitioners as respondents therein. Sd/- (M.G.UMA) JUDGE EM CT:ANB List No.: 1 Sl No.: 21