- 1 - HC-KAR NC: 2025:KHC-D:14376 WP No. 107567 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107567 OF 2015 (LR) BETWEEN: 1. 1A. SOMAIAH @ SOMLYA S/O. HEMLYA LAMANI, SINCE DECEASED BY HIS LR’S., SMT. SHANTAVVA W/O. YANKAPPA LAMANI, AGE: 45 YEARS, OCC: COOLIE, R/O. GANGAJALA TANDA, TQ: RANEBENNUR, DIST: HAVERI. 1B. SHEETAVVA W/O. KOOBEPPA LAMANI, AGE: 43 YEARS, OCC: COOLIE, R/O. YALLAPUR TANDA, TQ: RANEBENNUR, DIST: HAVERI. 1C. SAKREVVA W/O. PEERAPPA LAMANI, AGE: 42 YEARS, OCC: COOLIE, R/O. GATTI TANDA, TQ: AND DIST: HAVERI. 1D. SOMAVVA W/O. TUKKAPPA LAMANI, AGE: 38 YEARS, OCC: COOLIE, R/O. YALLAPUR TANDA, TQ: RANEBENNUR, DIST: HAVERI. 1E. HANUMANTHAPPA S/O. JANEPPA LAMANI, AGE: 50 YEARS, OCC: COOLIE, R/O. SEVANAGAR, TQ: BYADGI, DIST: HAVERI. 1F. CHANDRAPPA S/O. JANEPPA LAMANI, AGE: 45 YEARS, OCC: COOLIE, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14376 WP No. 107567 of 2015 R/O. SEVANAGAR, TQ: BYADGI, DIST: HAVERI. 1G. NAGAPPA S/O. JANEPPA LAMANI, AGE: 30 YEARS, OCC: COOLIE, R/O. SEVANAGAR, TQ: BYADGI, DIST: HAVERI. 1H. DYAMAVVA W/O. LACHHAPPA LAMANI, AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O. SEVANAGAR, TQ: BYADGI, DIST: HAVERI. 1I. PUTTAPPA S/O. LACHHAPPA LAMANI, AGE: 40 YEARS, OCC: COOLIE, R/O. SEVANAGAR, TQ: BYADGI, DIST: HAVERI. 1J. SURESH S/O. LACHHAPPA LAMANI, AGE: 32 YEARS, OCC: COOLIE, R/O. SEVANAGAR, TQ: BYADGI, DIST: HAVERI. 1K. HANUMANTHAPPA S/O. LACHHAPPA LAMANI, AGE: 30 YEARS, OCC: COOLIE, R/O. SEVANAGAR, TQ: BYADGI, DIST: HAVERI. 1L. SHANTAVVA W/O. JANEPPA LAMANI, AGE: 48 YEARS, OCC: COOLIE, R/O. SEVANAGAR, TQ: BYADGI, DIST: HAVERI. 1M. RAMAPPA S/O. SOMALEPPA LAMANI, AGE: 70 YEARS, OCC: COOLIE, R/O. SEVANAGAR, TQ: BYADGI, DIST: HAVERI. … PETITIONERS (BY SMT. PALLAVI PACHCHAPURE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY,DEPARTMENT OF REVENUE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE LAND TRIBUNAL, - 3 - HC-KAR NC: 2025:KHC-D:14376 WP No. 107567 of 2015 R/BY ITS CHAIRMAN,BYADGI, TQ: BYADGI, DIST: HAVERI. 3. THE TAHASILDAR, TQ: AND DIST. BYADGI. 4. BASAVARAJAYYA S/O. VEERAYYA CHIKKAMATH @ PUJAR, AGE: 67 YEARS, OCC: SHETKARI, R/O. KALLADEVARA, TQ: BYADGI, DIST: HAVERI. 5. MRUTYUNJAYA S/O. VEERAYYA CHIKKAMATH @ PUJAR, AGE: 55 YEARS, OCC: SERVICE, R/O. KALLADEVARA, TQ: BYADGI, DIST: HAVERI, PRESENTLY DHARWAD. 6. SHANKRAYYA S/O. VEERAYYA CHIKKAMATH @ PUJAR, AGE: 53 YEARS, OCC: BUSINESS, R/O. KALLADEVARA, TQ: BYADGI, DIST: HAVERI. 7. MANGALA W/O. MAHANTAYYA CHIKKAMATH @ PUJAR, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O. KALLADEVARA, TQ: BYADGI, DIST: HAVERI, PRESENTLY BELAGALPETH, TQ: HANGAL, DIST: HAVERI. 8. GOURAMMA D/O. MAHANTAYYA CHIKKAMATH @ PUJAR, AGE: 13 YEARS, OCC: STUDENT R/O. KALLADEVARA, TQ: BYADGI, DIST: HAVERI, PRESENTLY BELAGALPETH, - 4 - HC-KAR NC: 2025:KHC-D:14376 WP No. 107567 of 2015 TQ: HANGAL, DIST: HAVERI, R/BY NATURAL GUARDIAN MOTHER MANGALA W/O. MAHANTAYYA CHIKKAMATH @ PUJAR. 9. SHANKARAPPA YENKAPPA LAMANI, R/O. SEVANAGAR, BYADGI, TQ: BYADGI, DIST: HAVERI. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 AND R3; SRI. S.N. BANAKAR, ADVOCATE FOR R4 AND R7; NOTICE TO R2 IS SERVED; R8 IS MINOR R/BY R7; SRI. V.S. KALASURMATH, ADVOCATE FOR R9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BRG.TEN/S/R/41+63/KALLEDEVARA DATED 03.09.2002 PASSED BY THE RESPONDENT NO.2/LAND TRIBUNAL, BYADGI, VIDE ANNEXURE-J AND AN ORDER OF REMAND MAY BE PASSED, REMANDING THE CASE NO.TEN/S/R/41+63/KALLEDEVARA DATED 03.09.2002 PASSED BY THE RESPONDENT NO.2/LAND TRIBUNAL, BYADGI VIDE ANNEXURE-J, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard learned counsel appearing for the petitioners as well as the learned Government Advocate appearing for the - 5 - HC-KAR NC: 2025:KHC-D:14376 WP No. 107567 of 2015 respondent/State and learned counsel appearing for private respondents. 2. The petition is filed assailing the order passed by the Land Tribunal. The impugned order dated 03.09.2002 is marked at Annexure - J. In terms of the impugned order, Form No. 7 application filed by two applicants viz., Somaiah Lamani and Puttappa Mahalingappa are rejected. This petition is filed by the legal representatives of Somaiah Lamani. 3. Learned counsel appearing for the petitioner submits that Somaiah Hemlaiah Lamani died on 04.04.1996 and death certificate is produced at Annexure - B. The impugned order is passed on 03.09.2002. 4. Admittedly, the death of petitioner no. 1 and death of three of his sons is not brought to the notice of the Land Tribunal. Thus, the petition could not have been decided on merits. Under these circumstances the impugned order is set aside. 5. Hence the following: - 6 - HC-KAR NC: 2025:KHC-D:14376 WP No. 107567 of 2015 ORDER (i) Writ Petition is allowed. (ii) The impugned order dated 03.09.2022 passed by the Land Tribunal, Byadgi is set-aside. (iii) Matter is remitted to the Land Tribunal for fresh adjudication. (iv) The legal representatives of the parties to the proceeding shall be brought on record and case shall be decided after issuing notice to all the parties. (v) It is made clear that nothing is expressed on the merits of the matter. (vi) All contentions are kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE brn CT:BCK LIST NO.: 2 SL NO.: 14