- 1 - NC: 2025:KHC-D:5106 WP No. 104605 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO.104605 OF 2021 (LR-) BETWEEN: 1. NAGAPPA VENKATAPPA DEVADIGA @ MUDIKERI, SINCE DECEASED BY HIS LRS. 1A) MANJUNATH NAGAPPA DEVADIGA @ MUDIKERI, AGE. 49 YEARS, OCC: AGRICULTURE, R/O. KAIKINI, TAL: BHATKAL, DIST: UTTARA KANNADA 581421. 1B) VENKATARAMAN NAGAPPA DEVADIGA @ MUDIKERI, AGE. 47 YEARS, OCC: AGRICULTURE, R/O. KAIKINI, TAL: BHATKAL, DIST. UTTARA KANNADA 581421. 1C) GANAPATI NAGAPPA DEVADIGA @ MUDIKERI, AGE. 45 YEARS, OCC. AGRICULTURE, R/O: KAIKINI, TAL: BHATKAL, DIST: UTTARA KANNADA 581421. 1D) GOVINDA NAGAPPA DEVADIGA @ MUDIKERI AGE: 42 YEARS, OCC: AGRICULTURE, R/O. KAIKINI, TAL: BHATKAL, DIST. UTTARA KANNADA 581421. &PETITIONERS (BY SHRI VIJAY K. NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS PRINCIPAL SECRETARY, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:5106 WP No. 104605 of 2021 DEPARTMENT OF REVENUE, VIDHANA SOUDA, BENGALURU 3 560001. 2. THE DEPUTY COMMISSIONER, UTTARA KANNADA - 581301. 3. THE TALUKA LAND TRIBUNAL, BHATKAL R/BY TAHSILDAR, BHATKAL, DIST. UTTAR KANNADA 3 581320. 4. MANGESH SHRIPAD NADKARNI AGE. MAJOR, OCC. AGRICULTURE, R/O. KAIKINI, TAL. BHATKAL, DIST. UTTARA KANNADA 581421. &RESPONDENTS (BY SHRI T.HANUMAREDDY, AGA FOR R1 TO 3.) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE: A. A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.3 DATED 24.07.1978 IN J¯ï.Dgï.JªÀiï J¯ï.Dgï.JªÀiï J¯ï.Dgï.JªÀiï J¯ï.Dgï.JªÀiï----9/893 VIDE ANNEXURE-E. B. DIRECTION TO THE RESPONDENT NO.3 TO ISSUE FORM NO.10 WITH RESPECT TO AGRICULTURAL LANDS BEARING 1) SURVEY NO.763 MEASURING 1 ACRE 6 GUNTAS, 2) SURVEY NO.765/2 MEASURING 23 GUNTAS, 3) 1/3RD IN SURVEY NO.769/1 MEASURING 23 GUNTAS, 4) SURVEY NO.769/2 MEASURING 34 GUTNAS AND 5) SURVEY NO.771/2 MEASURING 1 ACRE 8 GUNTAS ALL SITUATED AT KAIKINI VILLAGE OF BHTAKAL TALUK IN UTTARA KANNADA DISTRICT TO THE PETITIONER. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:5106 WP No. 104605 of 2021 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 24.07.1978 passed by respondent No.3 3 the Taluk Land Tribunal, Bhatkal, rejecting the claim of the petitioners, and a direction to respondent No.3 to issue Form No.10 by conferring occupancy right. 2. Heard Sri Vijay K. Naik, learned counsel for the petitioners and Sri T. Hanumareddy, learned Additional Government Advocate for respondent Nos.1 to 3 3 State. Perused the materials on record. 3. It is the contention of petitioners that their father Nagappa Venkatappa Devadiga was in possession and cultivation of in Sy.No.763 measuring 1 acre 6 guntas, Sy.No.765/2 measuring 23 guntas, 1/3rd share in Sy.No.769/1 measuring 23 guntas, Sy.No.769/2 measuring 34 guntas and Sy.No.771/2 measuring 1 acre 8 guntas situated at Kaikini village in Bhatkal taluk, Uttara Kannada District. After the death of Nagappa Venkatappa Devadiga his sons i.e., petitioner Nos.1(a) to 1(d) continued to cultivate the land as tenants. - 4 - NC: 2025:KHC-D:5106 WP No. 104605 of 2021 4. It is stated that Narayana Venkatappa Devadiga filed Form No.7 claiming the above lands for conferring occupancy right. The Land Tribunal considered Form No.7 in light of the documents that are produced before it, and passed the impugned order on 24.07.1978 rejecting the claim of the claimant on the ground that, there are no documents supporting the contention of the claimant that he was cultivating the land as tenant. It is stated that the Record of Rights discloses the name of one Narayana Venkatappa Mudikeri as tenant, and therefore occupancy right was conferred in his favour. Accordingly, Form No.7 submitted by Nagappa Venkatappa Devadiga came to be rejected. 5. Being aggrieved by the above said order, the petitioners have filed this petition on 17.11.2021 i.e., after lapse of 43 years. Even though, learned counsel for the petitioners has produced a bunch of revenue records, all those revenue records stand in the name of Narayana Venkatappa Mudigeri, being the tenant in occupation and cultivation of the land in question. 6. Learned counsel for the petitioners contends that, as per Annexure-G, the name of father of the present - 5 - NC: 2025:KHC-D:5106 WP No. 104605 of 2021 petitioners i.e., Nagappa Venkatappa Devadiga appears in column No.12. But Annexure-G is stray Record of Rights for the year 1990-1991, that is much after the appointed date. There is no reason or explanation as to why the name of Narayana Venkatappa Devadiga was not appearing in the Record of Rights as on 01.03.1974. No satisfactory documents are produced to support the contention of the petitioners. 7. It is also to be noted that as per the impugned order, the occupancy right is already conferred on Narayana Venkatappa Devadiga whose name appeared in the Record of Rights i.e., at Annexure-A. The said order conferring occupancy right in his favour is never challenged by the petitioners. Under such circumstances, I do not find any reason to entertain the writ petition. Hence, without admitting the petition, the same is dismissed. Sd/- (M.G.UMA) JUDGE EM CT:ANB List No.: 1 Sl No.: 15