- 1 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 104065 OF 2023 (LR) BETWEEN: 1. SMT. NEELAMMA W/O. LATE DODDATHIMMANA GOUDA AGE: 80 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI-583101 2. SRI. MAHADEVA S/O. LATE DODDATHIMMANA GOUDA AGE: 60 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101 3. SRI. SIDDANA GOWDA S/O. LATE DODDA THIMMANA GOUDA AGE:58 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI-583101. 4. SRI. RAJKUMAR S/O. LATE DODDA THIMMANA GOUDA AGE:52 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI-583101 SANNA THIMMANNA GOWDA SINCE DEAD BY HIS LR’S 5. SMT. PARVATHAMMA W/O. LATE SANNATHIMMANA GOUDA, AGE:75 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI-583101. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 6. SRI. HIREGOUDA S/O. LATE SANNATHIMMANA GOUDA, AGE:53 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI-583101. 7. SRI. MAHADEVA GOWDA LATE DADDA THIMMANA GOUDA, AGE:50 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI-583101. SMT. GOWRAMMA D/O. S. MAHADEVA GOUDA SINCE DECEASED BY HER LR’S 8. SMT. LAXMIDEVEMMA W/O. AMARESHAPPA, D/O GOWRAMMA, AGE:70 YEARS, OCC: AGRICULTURE, R/O: HALLI HOSUR, NADAGIRI POST, NLANVI TALUK, RAICHUR-584101 9. SMT. PADMAVATHAMMA W/O. P.P. BASANAGOUDA D/O. GOWRAMMA, AGE:68 YEARS, OCC: AGRICULTURE, R/O: NEAR HUNDIKARNATH ADVOCATE HOUSE, NIJALINGAPPA COLONY RAICHUR -584101. 10. SRI. THIMMANA GOUDA S/O. AYYANA GOUDA, AGED ABOUT 55 YEARS, OCC: AGRICULTURIST, R/O: SHANAVASAPURA, SIRGUPPA TALUK, BALLARI DISTRICT-583101. 11. SMT. RENUKAMMA W/O. S.BASANAGOUDA, D/O. GOWRAMMA, OCC: HOUSEWIFE, AGED ABOUT 48 YEARS, R/O. BASVESHWAR NAGAR, - 3 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 NEAR OLD CHECK POST, OPPOSITE TO RAYAPPA NAYAK, M.L.A.HOUSE, RAICHUR-584101. 12. SRI. CHANDRASHEKHER S/O. AYYANA GOUDA, AGED ABOUT 39 YEARS, OCC: AGRICULTURIST, R/O. SHANAVASAPURA, SIRUGUPPA TALUK, BALLARI DISTRICT-583101. 13. SMT. TAYAMMA D/O. S.MAHADEVA GOUDA, W/O. MAREGOUDA, AGED ABOUT 76 YEARS, OCC: AGRICULTURE, R/O. SINDIGIRI VILLAGE, TALUK AND DISTRICT; BALLARI -583101. 14. SMT. RAMALINGAMMA D/O. S.MAHADEVA GOUDA W/O. SIDDANA GOUDA, AGED ABOUT 70 YEARS, OCC: AGRICULTURE, R/O. SINDIGIRI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 15. SMT. HAMPAMMA D/O. S.MAHADEVA GOUDA, W/O. HIREGOUDA, AGED ABOUT 68 YEARS, OCC: AGRICULTURE, R/O. SINDIGIRI VILLAGE, TALUK AND DISTRICT; BALLARI -583101. 16. SMT. SIDDAMMA W/O. LATE DODDA THIMMANAGOUDA, AGED ABOUT 70 YEARS, OCC: AGRICULTURE, R/O. SINDIGIRI VILLAGE, TALUK AND DISTRICT; BALLARI-583101. 17. SMT. ANUSIYA D/O. DODDA THIMMANAGOUDA, - 4 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 AGED ABOUT 43 YEARS, OCC: AGRICULTURE, R/O SINDIGIRI VILLAGE, TALUK AND DISTRICT: BALLARI-583101. 18. SRI. BASAVARAJ S/O. DODDA THIMMANAGOUDA, AGED ABOUT 40 YEARS, OCC: AGRICULTURE, R/O. SINDIGIRI VILLAGE, TALUK AND DISTRICT; BALLARI -583101. 19. SMT. SHASHIKALA D/O. DODDA TIMMANAGOUDA, AGED ABOUT 33 YEARS, OCC: AGRICULTURE, R/O SINDIGIRI VILLAGE, TALUK AND DISTRICT; BALLARI -583101. 20. SMT. GOWRAMMA D/O. SANNATHIMMANAGOUDA, W/O. ESHWARAGOUDA, AGED ABOUT 38 YEARS, OCC: AGRICULTURE, R/O. SINDIGIRI VILLAGE, TALUK AND DISTRICT; BALLARI -583101. …PETITIONERS (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU -560001. 2. THE LAND TRIBUNAL, BALLARI TALUK, BY ITS CHAIRMAN, BALLARI TALUK AND DISTRICT-583101. - 5 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 3. SPECIAL ASSISTANT COMMISSIONER, LAND REFORMS, BALLARI DISTRICT-583101. 4. SRI. NAGAPPA S/O. NINAGAMMA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI-583101. SRI. HANUMATHAPPA S/O. KAREPPA, SINCE DECEASED BY HIS LRS 5. SMT. RAMANJANAMMA D/O. HANUMANTHAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 6. SRI. RAMALINGA S/O. HALUGAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. SRI. K.HANUMATHAPPA S/O. FAKKIRAPPA, SINCE DECEASED BY HIS LRS. 7. YERISWAMY S/O. HANUMATHAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI-583101. 8. HANUMATHAPPA S/O. HANUMATHAPPA, AGE: 32 YEARS,OCC; AGRICULTURE, BOTH ARE R/O. SINDIGERI VILLAGE, TALUK AND DISTRICT; BALLARI-583101. SRI. THIMMAPPA S/O. POMPANNA, SINCE DECEASED BY HIS LRS. 9. HANUMANTHA S/O. THIMMAPPA, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. - 6 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 10. THIMMAIAH S/O. THIMMAPPA, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI-583101. 11. RAMANJINI S/O. THIMMAPPA, AGE: 33 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. SRI. HANAMANTAPPA S/O BASAPPA, SINCE DECEASED BY HIS LRS. 12. ERESHI S/O. HANURAPPA, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 13. SRI. ERAYYA S/O. RANGAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 14. SRI. MALLAPPA S/O. MAREPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. SRI. NAGAPPA S/O. BASAPPA, SINCE DECEASED BY HIS LRS., 15. HANUMANTHAPPA S/O. NAGAPPA, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 16. THIPPAIAH S/O. NAGAPPA AGE:48 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. - 7 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 17. ANJANAPPA S/O. NAGAPPA, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 18. SRI. YAMANAPPA S/O. ERAMMA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 19. SRI. DEVENDRAPPA S/O. HADEPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 20. SRI. DURUGAPPA S/O. GUDDAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 21. SRI. ERANNA S/O. ESHWARAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. SRI. ERANNA S/O. GANGAMALLAPPA SINCE DECEASED BY HIS LRS., 22. ANUSHYAMMA W/O. ERANNA, AGE: 58 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 23. SRINIVAS S/O. ERANNA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI-583101. 24. SURENDRA S/O. ERANNA, AGE: 28 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT BALLARI – 583101. - 8 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 25. SRI. RUDRAPPA S/O. MAYAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 26. SRI. TIMMAPPA S/O. HUNUMATHAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 27. SRI. ERAMMA W/O. LINGAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 28. SRI. MAREPPA S/O. MAREVVA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 29. SRI. HALUGAPPA S/O. ERANNA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 30. SRI. SHEKAPPA S/O. BASAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. SRI. HANUMAIAH S/O. KARIBASAPPA, SINCE DEACEASED BY HIS LRS., 31. LINGAMMA W/O. HANUMAIAH, AGE: 70 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 32. THIMMAIAH S/O. HANUMAIAH, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. - 9 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 33. VEERESH S/O. HANUMAIAH, AGE: 38 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. SRI. K. NAGAPPA S/O. SHANKRAPPA, SINCE DECEASED BY HIS LRS., 34. SHANTHAMMA W/O. K.NAGAPPA, AGE: 51 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 35. SUNKAPPA S/O K.NAGAPPA, AGE 38 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 36. BANDEPPA S/O. K.NAGAPPA, AGE: 25 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. SRI. MALLAPPA S/O. THAKKANAYAK SINCE DECEASED BY HIS LRS., 37. VEERESH S/O. MALLAPPA, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 38. MUDEPPA S/O. MALLAPPA, AGE: 26 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 39. SHARANAPPA S/O. MALLAPPA, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. SHRI. S. MALLAPPA S/O. MALLAPPA, SINCE DECEASED BY HIS LR’S - 10 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 40. ERAMMA S/O. S. MALLAPPA, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 41. HONNURAPPA S/O. S. MALLAPPA AGE: 35 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 42. MALLAIAH S/O. S. MALLAPPA, AGE: 24 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. SHRI. MAHADEVAPPA S/O. BHIMAPPA, SINCE DECEASED BY HIS LRS. 43. AMBRAMMA W/O. MAHADEVAPPA, AGE: 28 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 44. SRINIVAS S/O. MAHADEVAPPA, AGE: 28 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 45. SOMAPPA S/O. KALLAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. SRI. RUDRAPPA S/O. GOVINDAPPA, SINCE DECEASED BY HIS LRS, 46. GOWRAMMA W/O. RUDRAPPA, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 47. HULLYAPPA S/O. RUDRAPPA, AGE : 28 YEARS, OCC: AGRICULTURE, - 11 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. SRI. DODDABASAPPA S/O. GADEAPPA, SINCE DECEASED BY HIS LRS., 48. ERAMMA W/O. DODDABASAPPA, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 49. SHEKANNA S/O. DODDABASAPPA, AGE: 39 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 50. GIRAPPA S/O. DODDABASAPPA, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 51. HONNURAPPA S/O. DODDABASAPPA, AGE:33 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 52. THIMMAPPA S/O. DODDABASAPPA AGE: 30 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 53. MALLAPPA S/O. DODDABASAPPA, AGE: 28 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101 SRI. MALLAPPA S/O. GADEPA, SINCE DECEASED BY HIS LRS., 54. NAGAMMA W/O. MALLAPPA, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. - 12 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 55. SHEKANNA S/O. MALLAPPA AGE:35 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 56. HANUMANTHAPPA S/O. MALLAPPA, AGE:28 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 57. SRI. LINGAPPA S/O. MAHADEVAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. SRI. MALLAPPA S/O. SIDDAPPA, SINCE DECEASED BY HIS LRS., 58. YELLAMMA W/O. MALLAPPA, AGE:72 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 59. MUTTAIAH S/O. MALLAPPA, AGE:48 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 60. RAYAPPA S/O. MALLAPPA, AGE:20 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 61. SRI. ILAHI SAYAD, AGE; MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 62. SRI.M.THIPPANNA S/O. IRANNA, AGE; MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. - 13 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 SRI. LAXMAN S/O. KANAKAPPA, SINCE DECEASED BY HIS LRS., 63. LAKSHMAMMA W/O. LAXMAN, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 64. ERAMALLAPPA S/O. LAXMAN, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. SRI.VASUDEVA S/O. VEERASHAPPA, DECEASED BY HIS LRS., 65. VANDARAMMA W/O. VASUDEVA, AGE:45 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 66. THIPPAIHSWAMY S/O. VASUDEVA, AGE:18 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. SRI.DODDABASAPPA S/O. KALLAPPA, SINCE DECEASED BY HIS LRS., 67. SHANTAMMA W/O. DODDABASAPPA, AGE:70 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 68. PANDAPPA S/O. DODDABASAPPA, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 69. CHIDANANDAPPA S/O. DODDABASAPPA, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. - 14 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 70. SOMALINGAPPA S/O. DODDABASAPPA, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. SRI. GANGAPPA S/O. NAGAPPA, SINCE DECEASED BY HIS LRS., 71. HAMPAMMA W/O. GANGAPPA, AGE:50 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 72. GOVINDAPPA S/O. GANGAPPA, AGE:28 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 73. VEERESH S/O. GANGAPPA AGE: 25 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 74. MALLAPPA S/O. GANGAPPA, AGE: 20 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101 SRI. HADLIGI DEVANNA S/O. HANUMANTHAPPA, SINCE DECEASED BY HIS LRS., 75. JADEAMMA W/O. H. DEVANNA, AGE:48 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 76. ERAPPA S/O. H. DEVANNA, AGE:28 YEARS, ,OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. - 15 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 77. SHEKANNA S/O. H. DEVANNA, AGE: 26 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 78. ANJANI S/O. H. DEVANNA, AGE: 20 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI-583101. 79. SRI.GADGI BHEEMAPPA S/O. ERANNA, AGE; MAJOR, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. SRI. MALLAPPA S/O. OTI ERANNA, SINCE DECEASED BY HIS LRS., 80. MARAMMA W/O. MALLAPPA, AGE: 58 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 81. ERANNA S/O. MALLAPPA, AGE:34 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 82. BASAVARAJA S/O. MALLAPPA, AGE:32 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 83. RAMESH S/O. MALLAPPA, AGE:30 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 84. RAMANJANI S/O. MALLAPPA, AGE:28 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. - 16 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 85. MALLIKARJUNA S/O. MALLAPPA, AGE:18 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. SRI.ERANNA S/O. LANKEPPA, SINCE DECEASED BY HIS LRS., 86. MALLAMMA W/O. ERANNA, AGE:65 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI -583101. 87. HANUMANATHA S/O. ERANNA, AGE:36 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT: BALLARI-583101. 88. VENKATESH S/O. ERANNA, AGE:30 YEARS, OCC: AGRICULTURE, R/O: SINDIGERI VILLAGE, TALUK AND DISTRICT:BALLARI-583101. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3; R5 –R8, R14, R18, R20, R21, R23-R25, R28, R31-R36, R38, R39, R41, R42, R44, R45, R48, R53, R57, R60, R62-R64, R68-R78, R80-R86, R88- ARE SERVED; NOTICE TO R4, R9 – R13, R15-R17, R19, R22, R26, R27, R29, R30, R37, R40, R43, R46, R47, R49, R50-R52, R54, R55, R56, R58, R59, R61, R65, R66, R67, R79 & R87 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 16.03.2023 PASSED BY THE LAND TRIBUNAL IN REV/LRM/1144, 1617 AND 1618/1974-75 WHICH IS PRODUCED AT ANNEXURE-R. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING: - 17 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER 1. The petitioners are before this Court seeking issuance of writ in the nature of Certiorari to quash the impugned order dated 16.03.2023 passed by the Land Tribunal, produced as per Annexure-R. 2. Heard Sri.Mallikarjunswamy B. Hiremath, learned counsel for the petitioners and Sri. T. Hanumareddy, learned AGA for respondents No.1 to 3. Perused the materials on record. 3. It is the contention of the petitioners that; 3.1. They are claiming under Dodda Thimmana Gowda and Sanna Thimmana Gowda, who are brothers, and were claiming right under the registered partition deed dated 11.05.1972. 3.2. Firstly, it is the grievance of the petitioners that, in the registered partition deed dated 11.05.1972, which was entered into between - 18 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 the family members, Dodda Thimmana Gowda and Sanna Thimmana Gowda were allotted few items of properties. It was never taken into consideration by the Land Tribunal, in spite of the specific direction issued by this Court while allowing the Writ Petition No.66715/2009 vide order dated 20.04.2021. 3.3. Secondly, it is the contention of the learned counsel for the petitioners that, in spite of the direction issued by this Court in the earlier writ petition, the report of the Tahsildar, which was the basis for passing the impugned order, was never furnished to the petitioners. 3.4. Thirdly, it is the contention of the petitioners that, the order impugned as per Annexure-R is shown to have been pronounced in the open court on 16.03.2023. But the Secretary and other members appear to have signed the order - 19 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 only on 30.3.2023. Therefore, the order was never pronounced in the open Court. 3.5. The next contention taken by the petitioners is that, some items of properties inherited by the petitioners were tenanted lands, and when the Land Tribunal has granted occupancy right in favour of the tenants, the said fact was not taken into consideration by the Land Tribunal while passing the impugned order. If the tenanted lands, in respect of which the occupancy right was granted in favour of the tenants, which measures 38.63 acres are excluded, the impugned order could not have been passed. 3.6. Lastly, it is the contention of the petitioners that, before determining the excess land available with the petitioners by following the procedures as contemplated under the Karnataka Land Reforms Act, 1961 (hereinafter - 20 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 referred to as ‘the KLR Act’, for short), the Land Tribunal referred to the distribution of the land to 42 beneficiaries under Section 77 of the KLR Act, by the Assistant Commissioner, which could not have been done. Many of the beneficiaries, who are respondents herein, were served but remained unrepresented. The other respondents were not served, and issuance of notice to them was dispensed with. 3.7. Therefore, learned counsel for the petitioners prays for allowing the petition. 4. Learned AGA fairly concedes that the directions issued by the Court in the earlier two writ petitions, i.e., to furnish a copy of the report of the Tahsildar to the petitioners, and to consider the registered partition deed dated 11.05.1972, were not complied with by the Land Tribunal. He also concedes that, before ascertaining as to what is the exact excess land available to be distributed as surplus land, the - 21 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 Assistant Commissioner could not have distributed it to the beneficiaries. Hence he prays for passing appropriate order. 5. On perusal of the materials on record in the light of the submissions made by both the parties, at the first instance, when the Writ Petition Nos.32658- 666/1982 and Writ Petition No.36950/1982 were filed, this Court had directed the Land Tribunal to furnish copy of the Tahsildar report to the petitioners, which was the basis for passing the order and holding that there is excess land with the petitioners. 6. In Writ Petition No.66715/2009, the Co-ordinate Bench of this Court again considered the grievance of the petitioners to set aside the impugned order dated 26.11.2009. There is specific direction to take into consideration the registered partition deed between the family members while determining the excess land. - 22 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 7. Admittedly, in the impugned order, even though there is reference to the registered partition deed, the Land Tribunal has not considered the effect of such partition among the family members. It has blindly proceeded to pass the impugned order, by observing that the said partition deed does not make any difference with regard to the ceiling already determined by the previous Land Tribunal. This opinion formed by the Land Tribunal in the impugned order is perverse, illegal, and it is to be deprecated. 8. The KLR Act specifies the procedure to be followed in determining the excess land held by a person. Unless all those procedures are followed and excess land is determined in accordance with law, the Assistant Commissioner could not have proceeded to distribute the so-called surplus land in favour of the beneficiaries. It will only lead to multiplicity of litigations by creating subsequent rights. However, the said beneficiaries, even though are arrayed as - 23 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 respondents, and some of them were served, none of them have appeared before the Court. Notice to respondent Nos.4, 9, 13, 15 to 17, 19, 22, 26, 27, 29, 30, 37, 40, 43, 46, 47, 49, 50, 51, 52, 54, 55, 56, 58, 59, 61, 65, 66, 67, 79 and 87, was dispensed with at the request of learned counsel for the petitioners. However, the right of the private respondents as beneficiaries for distribution of the surplus land will arise only after determination of the actual extent of excess land held by the petitioners. 9. The contention of learned counsel for the petitioners that, at least three items of the properties totally measuring 38.63 acres were tenanted lands and the Land Tribunal has granted occupancy right in favour of the tenants. The said contention was also not taken into consideration by the Land Tribunal. 10. The other contention taken by the learned counsel for the petitioners that, even though the impugned order is dated 16.03.2023, the Secretary and other - 24 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 members have signed in the next page mentioning the date as 30.03.2023, which creates doubt about pronouncement of the order in the open Court on 16.03.2023 itself. The cumulative effect of all these grounds urged by the learned counsel for the petitioners, which finds support with the materials on record, requires the impugned order to be set aside and the matter is once again required to be remanded back to the Land Tribunal, to take into consideration all those contentions of the parties and follow the procedure as contemplated under the KLR Act meticulously. 11. Accordingly, I proceed to pass the following: ORDER i. Writ Petition is allowed. ii. Impugned order dated 16.03.2023, passed by the Land Tribunal, produced as per Annexure-R, is set aside. - 25 - NC: 2025:KHC-D:6657 WP No. 104065 of 2023 iii. The petitioners are directed to appear before the Land Tribunal, Kurugodu, on 26.05.2025 without waiting for fresh notice. iv. On receipt of a copy of this order, the Land Tribunal shall consider the claim of the petitioners in the light of the procedure contemplated under the KLR Act. The Land Tribunal shall strictly follow the procedure as contemplated under the KLR Act, to find out the exact extent of the surplus land available with the petitioners in the light of the observations made above. Sd/- (M.G.UMA) JUDGE gab CT:ANB List No.: 1 Sl No.: 15