- 1 - HC-KAR NC: 2025:KHC-D:14146 WP No. 108539 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.108539 OF 2015 (LR) BETWEEN: MALATESH GURUNATH KULKARNI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. MEDLERI, AT: UDAGATTI, TQ: RANEBENNUR, DIST: HAVERI. …PETITIONER (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHAN SOUDHA, BENGALURU. 2. THE LAND TRIBUNAL, RANEBENNUR, BY ITS CHAIRMAN, RANEBENNUR, DIST: HAVERI. BHARAMAPPA BASAPPA BANAKAR, SINCE DECEASED BY HIS LRS. 3. SMT. GODEMMA W/O. BHARAMAPPA BANAKAR, AGE: MAJOR, OCC: HOUSEHOLD WORK. 4. SRI. BASAPPA Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14146 WP No. 108539 of 2015 S/O. BHARAMAPPA BANAKAR, AGE: MAJOR, OCC: AGRICULTURE. 5. SRI. MALATESH S/O. BHARAMAPPA BANAKAR, AGE: MAJOR, OCC: AGRICULTURE, ALL ARE R/O. BELUR, TQ: RANEBENNUR, DIST: HAVERI. …RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 & R2; NOTICE TO R3 TO R5 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER VIDE ANNEXURE-H DATED 30.06.1982 IN NO.LRF(A) SR 14+17+16+18/75-76 PASSED BY THE 2ND RESPONDENT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing the order passed by the Land Tribunal, Ranebennur. - 3 - HC-KAR NC: 2025:KHC-D:14146 WP No. 108539 of 2015 2. In terms of the order dated 30.06.1982, occupancy is granted in favour of respondent No.3 in respect of Sy.No.36/1 measuring 3-acres 14-guntas. The petitioners’ claim that they are the Inamdars of the said land and the property was in their cultivation. 3. The record of right for the year 1971 to 1974 would indicate that the petitioners were in possession of the property as holders as well as cultivators. It is urged that without issuing notice to the petitioners, the Land Tribunal in terms of the order which is impugned in the present petition, has granted occupancy right. 4. There is no representation on behalf of respondent No.3, the grantee. 5. Learned Additional Government Advocate appearing for the respondent-State would urge that the respondents have admitted the cultivation of the - 4 - HC-KAR NC: 2025:KHC-D:14146 WP No. 108539 of 2015 land by the applicant and has given ‘No Objection’ to confer occupancy. 6. The Tribunal has noticed that name of the applicant appears in the record of right from 1966 to 1967 onwards to 1974 to 1975. However, it is noticed from the record of right produced that the properties are standing in the name of the petitioners and the applicant's name is not found either in column No.12 or any other column of the record of right. 7. Under these circumstances, it appears that the order is passed without notice and without proper enquiry. Hence, the following: ORDER i. The writ petition is allowed. ii. Impugned order dated 30.06.1982 passed by respondent No.2 at Annexure-H, is quashed. - 5 - HC-KAR NC: 2025:KHC-D:14146 WP No. 108539 of 2015 iii. The matter is remitted to the Land Tribunal, Ranebennur for fresh consideration in accordance with law. iv. The Land Tribunal shall issue notice to both the petitioner as well as respondent No.3 or any of his legal representatives and thereafter, pass orders after conducting proper enquiry. v. It is made clear that this Court has not expressed any opinion on the merits of the matter. vi. All contentions of the parties are kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- CT-AN List No.: 1 Sl No.: 63