- 1 - HC-KAR NC: 2025:KHC:48560 WP No. 44628 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 44628 OF 2018 (LR-SEC 48A) BETWEEN: T KRISHNA POOJARY AGED ABOUT 64 YEARS S/O MUTHA POOJARY R/O UPPINAKUDURU ROAD TALLUR VILLAGE P.O TALLUR-576 230 KUNDAPURA TALUK UDUPI DISTRICT &PETITIONER (BY SRI. VYASA RAO K.S, ADVOCATE) AND: 1. THE III LAND TRIBUNAL, KUNDAPURA BY ITS SECRETARY & SPECIAL TAHSILDAR KUNDAPURA-576 201 2. NANCY VAS 3. FRANCIS MENDONSA 4. METILDA MENDONSA 5. TELMA MENDONSA 6. MARIA MENDONSA 7. VASTIN MENDONSA Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48560 WP No. 44628 of 2018 8. PRAMILA MENDONSA 9. STENILA MENDONSA 10. RANJIT MENDONSA RESPONDENTS 2 TO 10 ARE MAJORS RESPONDENT NO.2 IS THE WIFE AND 3 TO 10 ARE THE CHILDREN OF LATE PETER MENDONSA AND ALL ARE RESIDENT OF UPPINAKUDURU ROAD TALLUR VILLAGE P.O TALLUR-576230 KUNDAPUR TALUK UDUPI DISTRICT 11. THE STATE OF KARNATAKA REPRESENTED BY REVENUE SECRETARY REVENUE DEPRTMENT VIDHANA SOUDHA BENGALURU-560 001 &RESPONDENTS (BY SRI. NEELAKANTAPPA K PUJAR, HCGP FOR R1 & R11 R2, R3, R4, R5, R6, R8, R9, R10 - SERVED, UNREPRESENTED, VIDE ORDER DATED 28.05.2019, NOTICE TO R7 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER ANNEXURE-A DTD 26.6.1981 PASSED BY THE FIRST RESPONDENT IN NO.TRI 2246/1980-81 IN SO FAR AS GRANTING THE SCHEDULE LANDS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:48560 WP No. 44628 of 2018 ORAL ORDER In this writ petition, the petitioner sought a writ of certiorari to quash the order dated 26.06.1981 passed by respondent No.1 as per Annexure-'A' insofar as granting occupancy right in favour of one Madthis Mendonsa i.e., father- in-law of respondent No.2 and grandfather of respondent Nos.3 to 10 in respect of lands measuring 26½ cents in Sy.No.100/6 and measuring 2½ cents in Sy.No.100/7, both situated in Tallur Village, Kundapura Taluk, Udupi District (for brevity, "subject lands"). 2. The grievance of the petitioner is that one Vaman Bhatta of Tallur Village was the original owner of the subject lands on Mooli right (ownership right - landlord). The Moolageni right in respect of the subject lands vested with one Pedru Mendonsa. The said Pedru Mendonsa sold and conveyed the Moolageni right in favour of one Philip Purthado. After acquiring such Moolageni right, the said Philip Purthado became the owner in possession of the subject lands. Subsequently, the wife and children of Philip Purthado sold the subject lands to the petitioner herein vide Sale Deed dated 20.06.2003. - 4 - HC-KAR NC: 2025:KHC:48560 WP No. 44628 of 2018 Thereafter, the petitioner continued in possession and enjoyment of the subject lands. However, on 20.08.1974, Madthis Mendonsa filed Form No.7 in respect of the subject lands along with the other lands by mentioning Vittal Bhatta as the owner of those lands. The Tribunal, without considering the aspect that Philip Purthado has acquired the subject lands by way of Moolageni right as per registered Sale Deed dated 16.05.1962 and without issuing notice to him, unilaterally granted occupancy right in favour of Madthis Mendonsa. As such, the petitioner being the subsequent purchaser and being remedy less in view of Section 48A(6) of Karnataka Land Reforms Act, 1961 (for brevity, "the KLR Act"), left with no other alternative, he has preferred this writ petition. 3. I have heard the learned counsel for the petitioner and learned HCGP for respondent Nos.1 and 11 so also perused the documents made available before me. 4. As could be gathered from records, the Tribunal granted occupancy rights in favour of Madthis Mendonsa in respect of the subject lands along with other lands vide order dated 26.06.1981. In the said order, one Vittal Bhatta was - 5 - HC-KAR NC: 2025:KHC:48560 WP No. 44628 of 2018 shown as the land owner. Form No.7 at Annexure-'D' depicts that the subject lands belongs to Vittal Bhatta. However, the contention of the petitioner is that the said Vittal Bhatta was not the owner of the subject property as on the date of filing of Form No.7 for the reason that the original owner Vamana Bhatta was the owner of the subject lands on Mooli right (ownership right - landlord). Subsequently, the Moolageni right in respect of the subject lands vested with one Pedru Mendonsa. The said Pedru Mendonsa sold and conveyed the Moolageni right in favour of Philip Puthrado. After acquiring the Moolageni right, the said Philip Puthrado acquired the Mooli right over the lands vide registered the Sale Deed dated 16.05.1962. Later, his wife and children sold the property to the petitioner. The said aspect of the matter is also forthcoming in the Sale Deed dated 20.06.2003. In such circumstance, the Tribunal ought to have issued notice to the said Philip Puthrado or his legal representatives before granting occupancy right to the respondents in respect of the subject lands. 5. Learned counsel for the petitioner submits that the grant made in favour of Madthis Mendonsa came to the - 6 - HC-KAR NC: 2025:KHC:48560 WP No. 44628 of 2018 knowledge of the petitioner in the year 2018 after obtaining the RTC of the subject lands and since Annexure-'A' order has been passed by the Tribunal under Section 48A of the KLR Act and that the petitioner had no other alternative remedy in view of provisions of Section 48A(6) of the KLR Act, he has preferred this writ petition. 6. Considering the above aspects, since the petitioner had acquired the subject lands by way of absolute Sale Deed and he is in continuous possession and enjoyment of the said lands, in my considered view, the order of the Tribunal is not sustainable in respect of the subject lands. Accordingly, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 26.06.1981 passed by respondent No.1 - Tribunal at Annexure-'A' is quashed in respect of lands measuring 26½ cents in Sy.No.100/6 and measuring 2½ cents in Sy.No.100/7, both situated in Tallur Village, Kundapura Taluk, Udupi District. - 7 - HC-KAR NC: 2025:KHC:48560 WP No. 44628 of 2018 iii. The matter is remitted back to the Tribunal for fresh consideration in respect of the subject lands by extending opportunity to the petitioner and respondents to urge their contentions and to place the relevant documents. iv. It is made clear that till disposal of the proceedings, the petitioner shall not be dispossessed from the subject lands. Sd/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 13