Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:47538 WP No. 50949 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 50949 OF 2016 (LR) BETWEEN:
SRI NAGESH R KAMATH S/O LATE RAMA KAMATH, AGED ABOUT 72 YEARS, RESIDING AT NO.2895, OPPOSITE TO LILLY COFFEE WORKS, 2ND STAGE, RAJAJINAGAR, SRIRAMAPURAM, BANGALORE-560 010. …PETITIONER (BY SRI. SRIKANTH M, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BANGALORE-560 001 REPRESENTED BY IT SECRETARY.
2.
THE LAND TRIBUNAL KUNDAPURA TALUK, UDUPI DISTRICT-574 115.
3.
THE TAHASILDAR KUNDAPURA TALUK, UDUPI DISTRICT.
4.
SMT.MONORAMA A KAMATH Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:47538 WP No. 50949 of 2016 W/O ANANTH R KAMATH, AGED ABOUT 87 YEARS,
5.
SMT.PRATHIMA KUMAR W/O PROMOD KUMAR, AGED ABOUT 58 YEARS,
6.
SMT.YAMINI KAMATH D/O ANANTH R KAMATH, AGED ABOUT 52 YEARS, RESPONDENTS 4 TO 6 ARE RESIDING AT FLAT NO.2, GROUND FLOOR, BLOCK B OLIVER MANSION MUGHAL LANE, BOMBAY-400 016.
7.
SMT.SUJATHA U PRABHU W/O UDAY SHANKAR R PRABHU, AGED ABOUT 55 YEARS, RESIDING AT NO.78, VATSALYA, 6TH CROSS, 1ST MAIN, MAHALAKSHMI LAYOUT, FURTHER EXTENSION, BANGALORE-560 086. …RESPONDENTS (BY SRI. NEELAKANTAPPA K PUJAR, HCGP FOR R1-R3 VIDE ORDER DATED 21.04.2023, WP AGAINST R4 ABATED AND SERVICE OF NOTICE TO R5 IS HELD SUFFICIENT, SRI. K, CHANDRANATH ARIGA, ADVOCATE FOR R6)
THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO DISPOSE OF THE CASE VIDE ANNEXURE-A PENDING ON THE FILE OF R-2 FOR GRANT OF OCCUPANCY RIGHTS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
- 3 -
HC-KAR NC: 2025:KHC:47538 WP No. 50949 of 2016
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER
In this writ petition, the petitioner sought a writ of mandamus directing respondent No.2 to dispose of the case No.TRI-10513/10611/79-80 pending on the file of respondent No.2.
2. The grievance of the petitioner is that the mother of the petitioner filed Form No.7 in respect of Sy.No.117/8B measuring 0.44 cents of Vaderahobli Village, Kundapura Hobli, Kundapura Taluk under one Ananth R Kamath. The Land Tribunal granted occupancy right in favour of the mother of the petitioner by its order dated 21.09.1979. However, the said
order has been challenged before this Court in W.P.No.12135/1991 by the children of late Ananth R Kamath. This Court remanded the matter to the Tribunal for fresh
consideration vide order dated 25.03.1998. After such remand, the case is pending before the Tribunal for consideration ever since 1998.
3. Having heard the learned counsel for the parties, since the case No.TRI-10513/10611/79-80 is of the year 1979-
- 4 -
HC-KAR NC: 2025:KHC:47538 WP No. 50949 of 2016 80 and the same being the second round of litigation, I am of the considered view that the prayer of the petitioner requires to be allowed. Accordingly, I proceed to pass the following:
ORDER
i. The Writ Petition is allowed.
ii. Respondent No.2-Tribunal is directed to dispose of the case No.TRI-10513/10611/79-80 within an outer limit of six months. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 12