- 1 - NC: 2025:KHC-D:5515 WP No. 78715 of 2013 C/W WP No. 65192 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 78715 OF 2013 (LR-) C/W WRIT PETITION NO. 65192 OF 2012 IN WP N.78715/2013 BETWEEN: SMT. SIDDAWWA W/O. SHANKAR BANASHANKRI, AGE: ABOUT 70 YEARS, OCC: AGRICULTURE, R/O. ALAGAWADI, TQ: RAIBAG, DIST: BEGLAUM. …PETITIONER (BY SRI. D. B. KARIGAR, ADVOCATE) AND: 1. SHRI. PRATAPRAO @ NARASINHARAO PAKAROJIRAO PATIK @ NIMBALKAR SINCE DECEASED BY HIS LR’S. 1A. SMT. RATNAMALA W/O. PRATAPRAO NIMBALKAR, AGE: 68 YEARS, OCC: HOUSEHOLD WORK, R/O. PANCHAMANI PALACE, SAVANTAWADI VILLAGE, BELGAUM DISTRICT. 1B. SMT. UJWALA W/O. ANIL GATAGE, AGE: 41 YEARS, OCC: HOUSEHOLD WIFE, R/O. SANCHAMANI PALACE, SAVANTAWADI, SINDHUDURG DISTRICT, MAHARASTRA. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:5515 WP No. 78715 of 2013 C/W WP No. 65192 of 2012 1C. SMT. PADMA W/O. NITIN DESAI, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O. PLOT NO.3, IIND FLOOR, “SRIKRISHNA APARTMENT” DOMBLIWALY, THANE DISTRICT, MAHARASTRA. 1D. SHRI. CHANDRASENA @ BHARAT S/O. PRATAPRAO NIMBALKAR, AGE: 40 YEARS, OCC: BUSINESS, R/O. PANCHAMANI PALACE, SAVANTAWADI VILLAGE, BELGAUM DISTRICT. 2. SHRI. BALAPPA S/O. SHANKAR AWATI, SINCE DECEASED BY HIS LR’S 2A. SMT. KALAWATI W/O. BALAPPA AWATI AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 2B. SMT. SAROJA W/O. SUVASH KULLOLLI, AGE: 48 YEARS, OCC: AGRICULTURIST, R/O. KUDACHI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 2C. SHRI. KUMAR S/O. BALAPPA AWATI AGE: 46 YEARS, OCC: AGRICULTURIST, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 2D. SMT. MAHADEVI W/O. MALLIKARJUN KALPADI, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O. YALLATTI VILLAGE, - 3 - NC: 2025:KHC-D:5515 WP No. 78715 of 2013 C/W WP No. 65192 of 2012 JAMKHANDI TALUKA, BAGALKOT DISTRICT - 587301. 2E. SHRI. CHIDANANDA S/O. BALAPPA AWATI, AGE: 42 YEARS, OCC: AGRICULTURIST, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 2F. SMT. MANJULA W/O. RAMESH TONNI, AGE: 40 YEARS, OCC: AGRICULTURIST, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 2G. SHRI. BASAVARAJ S/O. BALAPPA AWATI, AGE: 38 YEARS, OCC: AGRICULTURIST, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 3. SHRI. MALLAPPA S/O. SHANKAR AWATI, AGE: 54 YEARS, OCC: AGRICULTURIST, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 4. SHRI. BALAPPA S/O. GADEPPA BANASHANKRI, AGE: 91 YEARS, OCC: AGRICULTURIST, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 5. SHRI. TAMMANNA MURARI HALLURE, SINCE DECEASED BY HIS LR’S 5A. MAREPPA S/O. TAMMAMMA HALLURE, AGE: MAJOR, - 4 - NC: 2025:KHC-D:5515 WP No. 78715 of 2013 C/W WP No. 65192 of 2012 R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 5B. SHRI. LAKKAPPA S/O. TAMMANNA HALLURE, SINCE DECEASED BY HIS LR’S 5B.a. SHRI. KAREPPA S/O. LAKKAPPA HALLURE, AGE: MAJOR, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 5B.b. SHRI. HALAPPA S/O. LAKKAPPA HALLURE, AGE: MAJOR, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 5B.c. SHRI. VITHAL S/O. LAKKAPPA HALLURE, AGE: MAJOR, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 6. RAYAPPA S/O. TAVANAPPA HANJE, SINCE DECEASED BY HIS LRS 6A. SHRI. GUNDU S/O. RAYAPPA HANJE, AGE: MAJOR, OCC: AGRICULTURIST, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 6B. SHRI. PAYAPPA S/O. RAYAPPA HANJE AGE: 43 YEARS, OCC: AGRICULTURIST, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 6C. SHRI. JAMBU S/O. RAYAPPA HANJE, - 5 - NC: 2025:KHC-D:5515 WP No. 78715 of 2013 C/W WP No. 65192 of 2012 AGE: 46 YEARS, OCC:AGRICULTURIST, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 6D. SHRI. TAVANAPPA S/O. RAYAPPA HANJE, AGE: 44 YEARS, OCC:AGRICULTURIST, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 6E. SHRI. DANAVANT S/O. RAYAPPA HANJE, AGE: MAJOR, OCC:AGRICULTURIST, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 6F SHRI. SIRIDHAR S/O. FAKROJIRAO PATIL, AGE: MAJOR, OCC:AGRICULTURIST, “SHRIKRISHNA”, SAMBAJINAGAR, KOLHAPUR DISTRICT, MAHARASTRA. 7. SHRI. DATTU S/O. APPAJI JADHAR SINCE DECEASED BY HIS LR’S 7A. SHRI. VITHAL S/O. DATTU JADHAV, AGE: 75 YEARS, OCC:AGRICULTURIST, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 8. SHRI. JINNAPPA S/O. TAVANAPPA HANJE, SINCE DECEASED BY HIS LR’S - 6 - NC: 2025:KHC-D:5515 WP No. 78715 of 2013 C/W WP No. 65192 of 2012 8A. BALAPPA S/O. JINNAPPA HANJE SINCE DECEASED BY HIS LRS 8A.1 SMT. HAVASAVVA W/O. BALAPPA HANJE, AGE: MAJOR, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 8A.2 SMT. SHOBHA D/O. BALAPPA HANJE, AGE: MAJOR, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 8A.3 SMT. SAVAKKA D/O. JINNAPPA HANJE, AGE: MAJOR, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 8B. SHRI. MALLAPPA S/O. JINNAPPA HANJE, AGE: 49 YEARS, OCC: AGRICULTURIST, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 8C. SHRI. VASANT S/O. JINNAPPA HANJE, AGE: 48 YEARS, OCC: AGRICULTURIST, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 8D. SHRI. SHEEMANTH S/O. JINNAPPA HANJE, AGE: MAJOR, OCC: AGRICULTURIST, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, - 7 - NC: 2025:KHC-D:5515 WP No. 78715 of 2013 C/W WP No. 65192 of 2012 …RESPONDENTS (BY SRI. MADANMOHAN M. KHANNUR, ADV. FOR R3 & R5 B-C; SRI. T. HANUMAREDDY, AGA FOR R10; SRI. RAVI S. BALIKAI, ADVOCATE FOR R6 (A-E); R1A, R1D, R2A, R2B, R2C, R2D, R2E, R2F, R2G, R5A, R5B(A), R5B(B), R7A, R8-A1,R8-A2, R8-A3, R8B, R8C, R8D, R8E, R9A, R9(B), R9C – SERVED; BELGAUM DISTRICT – 591317. 8E. BHAGAVANTH S/O. JINNAPPA HANJE, AGE: MAJOR, OCC: AGRICULTURIST, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 9. SHRI. CHINAPPA TAVANAPPA HANJE, SINCE DECEASED BY HIS LRS 9A. SHRI. DHOOLAGOUDA S/O. DADU HANJE, AGE: MAJOR, OCC: AGRICULTURIST, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 9B. SHRI. DEVEGOUDA S/O. DADU HANJE, AGE: MAJOR, OCC: AGRICULTURIST, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 9C. SHRI. SUBHAS S/O.DADU HANJE, AGE: 48 YEARS, OCC: AGRICULTURIST, R/O. ALAGAWADI VILLAGE, RAIBAGA TALUKA, BELGAUM DISTRICT – 591317. 10. THE LAND TRIBUNAL, R/BY ITS CHAIRMAN RAIBAG TALUKA, BELGAUM DISTRICT. - 8 - NC: 2025:KHC-D:5515 WP No. 78715 of 2013 C/W WP No. 65192 of 2012 R1(B), R1(C) AND R6F – HELD SUFFICIENT; R4 – ABATED VIDE ORDER DATED 04.03.2025) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: A. THE NECESSARY ORDER OR DIRECTION OR WRIT IN THE NATURE OF CERTIORARI MAY KINDLY BE PLEASED TO QUASH THE IMPUGNED ORDER DATED 12/04/2012 IN NO.TNC/SR.NO.91/ALAGAWADI PASSED BY THE RESPONDENT NO.10, VIDE ANNEXURE-C. B. THE NECESSARY ORDER OR DIRECTION OR WRIT IN THE NATURE OF MANDAMUS MAY ALSO KINDLY BE PASSED TO ALLOW FORM NO.7, VIDE ANNEXURE-A DATED 10/02/1976 WHICH IS FILED BY THE PETITIONER FOR THE ENTIRE LAND MEASURING 36 ACRES 12 GUNTAS IN SY.NO.146, SITUATED AT ALAGAWADI VILLAGE, INSTEAD OF 10.00 ACRES, IN FAVOUR OF THE PETITIONER, IN THE INTERSET OF JUSTICE AND EQUITY. IN WP NO.65192/2012 BETWEEN: 1. SRI. BALAPPA S/O. SHANKAR AWATI AGE: 60 YEARS, OCC: AGRICULTURE, SINCE DECEASED BY HIS LR’S. 1a SMT. KALWATI W/O BALAPPA AWAIT AGE: 58 YEARS, OCC: HOUSEHOLD WORK, 1b SMT. SAROJA W/O. SUVASH KULLOLI, AGE: 48 YEARS, OCC: AGRICULTURIST, R/O. KUDACHI VILLAGE, TQ: RAIBAG- 591317, DIST: BELGAUM. 1c SRI. KUMAR S/O. BALAPPA AWAIT, AGE: 46 YEARS, OCC: AGRICULTURIST, 1d SMT. MAHADEVI W/O. MALLIKARJUN KALPADI, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O.YALLATTI VILLAGE, TQ: JAMKHANDI – 587301, DIST: BAGALKOT. - 9 - NC: 2025:KHC-D:5515 WP No. 78715 of 2013 C/W WP No. 65192 of 2012 1e SRI. CHIDANAND S/O. BALAPPA AWAIT, AGE: 42 YEARS, OCC: AGRICULTURIST, 1f SMT. MANJULA W/O. RAMESH TONNI, AGE: 40 YEARS, OCC: AGRICULTURIST, 1g SRI. BASAVARAJ S/O. BALAPPA AWAIT, AGE: 38 YEARS, OCC: AGRICULTURIST, PETITIONERS NO.1A, 1C, 1E TO 1G ALL ARE RESIDENT OF ALAGAWADI VILLAGE, RQ: RAIBAG – 591317 DIST: BELGAUM. (IMPLEADED AS PER ORDER 24.04.2013) 2. SRI. MALLAPPA S/O. SHANKAR AWATI AGE: 54 YEARS, OCC: AGRICULTURE, 3. SRI. BALAPPA S/O. GADEPPA BANASHANKRI, AGE: 91 YEARS, OCC: AGRICULTURE, 4. SRI. BHEEMAPPA S/O MAHANING BANASHANKRI, AGE: 45 YEARS, OCC: AGRICULTURE, 5. SRI. NAGAPPA S/O MAHANING BANASHANKRI, AGE: 40 YEARS, OCC: AGRICULTURE, 6. SRI. SHANKAR S/O. MAHANING BANASHANKRI, AGE: 32 YEARS, OCC: AGRICULTURE, 7. SRI. SHIVAPPA S/O. MAHANING BANASHANKRI, AGE: 26 YEARS, OCC: AGRICULTURE, 8. SRI.VITHAL S/O. LAKKAPPA HALLURE, AGE: 42 YEARS, OCC: AGRICULTURE, 9. SRI. JAMBU S/O. RAYAPPA HANJE, AGE: 46 YEARS, OCC: AGRICULTURE, 10. SRI. PAYAPPA S/O. RAYAPPA HANJE AGE: 43 YEARS, OCC: AGRICULTURE, 11. SRI. TAVANAPPA S/O. RAYAPPA HANJE AGE: 44 YEARS, OCC: AGRICULTURE, - 10 - NC: 2025:KHC-D:5515 WP No. 78715 of 2013 C/W WP No. 65192 of 2012 …PETITIONERS (BY SRI. H.M. DHARIGOND, ADVOCATE FOR SRI. MADANMOHAN M. KHANNUR, ADVOCATE) AND: 1. THE LAND TRIBUNAL R/BY ITS CHAIRMAN, RAIBAG TALUKA, RAIBAG - 591317 DIST: BELGAUM. 2. SMT. SIDDAWWA W/O. SHANKAR BANASHANKRI, AGE: MAJOR (CORRECT AGE NOT KNOWN) OCC: AGRICULTURE, R/O. ALAGAWADI, TQ: RAIBAG, DIST: BELGAUM. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. D.B. KARIGAR, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 12.04.2012 IN NO.TNC/SR.NO.91/ALAGAWADI PASSED BY 1ST RESPONDENT VIDE ANNEXURE-F AND REJECT THE FORM NO.7 VIDE ANNEXURE-D DATED 10.02.1976 IN THE INTEREST OF JUSTICE AND EQUITY. 12. SRI. VITHAL S/O. DATTU JADHAV, AGE: 75 YEARS, OCC: AGRICULTURE, 13. SRI.MALLAPPA S/O. JINNAPPA HANJE AGE: 49 YEARS, OCC: AGRICULTURE, 14. SRI.VASANT S/O. JINNAPPA HANJE, AGE: 48 YEARS, OCC: AGRICULTURE, 15. SRI.SUBHASH S/O DADU HANJE, AGE: YEARS, OCC: AGRICULTURE, ALL ARE R/O. ALAGAWADI, TQ: RAIBAG, DIST: BELGAUM. - 11 - NC: 2025:KHC-D:5515 WP No. 78715 of 2013 C/W WP No. 65192 of 2012 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN G GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER 1. The petitioner in WP.No.78715/2013 has filed the petition seeking issuance of the writ in the nature of Certiorari to quash the order dated 12.04.2012, passed by respondent No.10- the Land Tribunal, Raibag, produced as per Annexure-C, and to direct the Land Tribunal to grant occupancy right to the petitioner in respect of the entire 36 acres 12 guntas of land in R.S.No.146, situated at Alagavadi village of Raibag Taluk. 2. The petitioner in WP.No.65192/2012 has filed the petition seeking issuance of the writ in the nature of the Certiorari to quash the order dated 12.04.2012, passed by the respondent No.1- the Land Tribunal, Raibag, produced as per Annexure-F, granting occupancy right in respect of 10 acres of land in R.S.No.146, situated at Alagavadi village of - 12 - NC: 2025:KHC-D:5515 WP No. 78715 of 2013 C/W WP No. 65192 of 2012 Raibag Taluk by rejecting Form No.7 submitted by the claimants produced as per Annexure-D. 3. Heard Sri.D.B.Karigar, learned counsel for the petitioners and Sri.M.M.Khannur, learned counsel for respondent Nos.3 and 5(B-C) and Sri.T.Hanumareddy, learned Additional Government Advocate for respondent No.10. Perused the materials on record. 4. From the contention taken by the parties and from the material on record, it go to show that, WP.No.78715/2013 was filed by the grantee of 10 acres of land by the Land Tribunal. Even though the claim was made to grant 36 acres 12 guntas of land in RS.No.146 of Alagawadi village, the Land Tribunal assigned the reasons in the impugned order to grant only 10 acres as the claimants restricted their claim to grant only 10 acres of land. 5. Learned counsel representing claimants before the Land Tribunal filed the written argument claiming only 10 acres of land, and also contended that the remaining extent of land is in the possession of others, as they have occupied - 13 - NC: 2025:KHC-D:5515 WP No. 78715 of 2013 C/W WP No. 65192 of 2012 the same illegally. Even though the learned counsel for the petitioner in WP.No.78715/2013 contends that, such encroachment by the respondents in the connected matter was made in 2012, and the police complaint was filed in that regard as per Annexure-F dated 8.11.2012, it does not bear any acknowledgment for having received in the police station. Under such circumstances, contention of the learned counsel for the petitioners cannot be accepted. 6. It is to be noticed that during the course of cross examining the witness, who is the General Power of Attorney holder of the owner, a specific suggestion was made that except 10 acres, the remaining extent was in illegal possession of others. The written argument submitted by the learned counsel for the claimants before the Land Tribunal suggested that only 10 acres of land is in cultivation of the claimants. Under such circumstance, I do not find any reason to interfere with the impugned order. 7. Insofar as WP.No.65192/2012 is concerned, it is the contention of the learned counsel for the petitioners that they have purchased the entire land measuring 36 acres 12 - 14 - NC: 2025:KHC-D:5515 WP No. 78715 of 2013 C/W WP No. 65192 of 2012 guntas in RS.No.146 under the registered sale deeds. The Land Tribunal has recorded finding that claimants were tenant in respect of 10 acres of land, and they are entitled for confirmation of the order. When such a categorical finding is recorded by the Land Tribunal, I do not find any reason to interference with the impugned order on the basis of so called registered sale deeds executed by the owners in favour of the purchasers. Hence, I am of the opinion that both the petitions are devoid of merits, and the same are liable to be dismissed. Accordingly, the petitions are dismissed. Sd/- (M.G.UMA) JUDGE VB CT:ANB List No.: 2 Sl No.: 6