- 1 - HC-KAR NC: 2025:KHC-D:9648-DB WA No. 100524 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.100524 OF 2022 (LR) BETWEEN: 1. SMT. SHARADA W/O. SHIVAPUTRAPPA BELLAD, AGE: 73 YEARS, OCC. HOUSEHOLD AND BUSINESS, R/O. GOURI KRUPA MARATHA COLONY ROAD, DHARWAD-580008. 2. PRASHANT S/O. SHIVAPUTRAPPA BELLAD, AGE: 54 YEARS, OCC. BUSINESS, R/O. GOURI KRUPA MARATHA COLONY ROAD, DHARWAD-580008. 3. SMT. ARUNA W/O. PRASHANT BELLAD, AGE: 45 YEARS, OCC. HOUSEHOLD AND BUSINESS, R/O. GOURI KRUPA MARATHA COLONY ROAD, DHARWAD-580008. 4. MAHESH S/O. SHIVAPUTRAPPA BELLAD AGE: 41 YEARS, OCC. HOUSEHOLD AND BUSINESS, R/O. GOURI KRUPA MARATHA COLONY ROAD, DHARWAD-580008. 5. SMT. SHILPA W/O MAHESH BELLAD, AGE: 45 YEARS, OCC. HOUSEHOLD AND BUSINESS, R/O. GOURI KRUPA MARATHA COLONY ROAD, DHARWAD-580008. - APPELLANTS (BY SMT. SUNITHA P.KALASOOR, ADVOCATE) YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9648-DB WA No. 100524 of 2022 AND: 1. THE STATE OF KARNATAKA, REVENUE DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, BANGALURU. 2. THE LAND TRIBUNAL HUBBALLI, REP. BY ITS CHAIRMAN CUM ASST. COMMISSIONER, DHARWAD SUB DIVISION, DHARWAD. 3. SMT. SIDAVVA W/O. SHIVAPPA HOSAMANI, AGE 61 YEARS, R/AT. ADARAGUNCHI, HUBBALLI TALUKA, DHARWAD DISTRICT. 4. SHRI. BASAVARAJ S/O. LATE YALLAPPA ALLAPUR, AGE 42 YEARS, R/AT. ADARGUNCHI, HUBBALLI, TALUK, DIST. DHARWAD. 5. SMT. PARAVVA W/O. MAHADEVAPPA KALWAD, AGE 54 YEARS, OCC. HOUSEHOLD, R/O. HUBBALLI TALUKA, DHARWAD DISTRICT. (SINCE DECEASED BY HER LRS’S) 5(A) SRI. MAHADEVAPPA S/O. PARAPPA KALAWAD, AGE 67 YEARS, OCC. AGRICULTURE, 5(B) SMT. GEETHA D/O. MAHADEVAPPA KALAWAD, AGE 39 YEARS, OCC. HOUSEWIFE, 5(C) SMT. SUSHEELA D/O. MAHADEVAPPA KALAWAD, AGE 37 YEARS, OCC. HOUSEWIFE, 5(D) SMT. MADHUMATHI D/O. MAHADEVAPPA KALAWAD, AGE 34 YEARS, OCC. HOUSEWIFE, 5(E) SMT. RENUKA D/O. MAHADEVAPPA KALAWAD AGE 32 YEARS, OCC. HOUSEWIFE, 5(F) SRI. BASAVARAJA S/O. MAHADEVAPPA KALAWAD AGE 30 YEARS, OCC. AGRICULTURE, 5(G) SRI. MANJUNATH S/O. MAHADEVAPPA KALAWAD, AGE 27 YEARS, OCC, AGRICULTURE, ALL ARE RESIDENT OF NOOLVI VILLAGE, TQ. HUBBALLI, DIST. DHARWAD-580029. - 3 - HC-KAR NC: 2025:KHC-D:9648-DB WA No. 100524 of 2022 6. SMT. SHANKTAVVA W/O. LATE YALLAPPA ALLAPUR, AGE 74 YEARS, R/AT. ADARAGUNCHI, HUBBALLI TALUKA, DHARWAD DISTRICT. 7. SMT. MAHADEVI, D/O. LATE YALLAPPA ALLAPUR, AGE 2 YEARS, R/AT. ADARAGUNCHI, HUBBALLI TALUKA, DHARWAD DISTRICT, PIN-580024. 8. SMT. SHANKUNTALA, D/O. LATE YALLAPPA ALLAPUR, AGE 74 YEARS, R/AT. ADARGUNCHI, HUBBALLI TALUKA, DHARWAD DISTRICT, PIN 580024. - RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, ADDL. GOVT. ADV. FOR R1 AND R2; SRI. SRI. SHASHANK S.HEGDE, ADV. FOR R4 AND R5 (A TO G); SRI. VIJAY M.MALALI, ADVOCATE AND SRI. A.P. HEDGE, ADVOCATE FOR R6 AND R8; R3 AND R5 ARE DECEASED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 16.03.2022 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO. 104372/2015 PRODUCED IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS WRIT APPEAL, COMING ON FOR HEARING- INTERLOCUTORY APPLN., THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 4 - HC-KAR NC: 2025:KHC-D:9648-DB WA No. 100524 of 2022 ORAL JUDGMENT (PER: THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellants have filed the present appeal inter alia impugning the order dated 16.03.2022 passed by the learned Single Judge of this Court in W.P. No. 104372/2025 whereby the learned Single Judge had set aside the order passed by the Land Tribunal directing that the subject land [R.S. No. 50/1 and 26/1A measuring 7 acres 25 guntas and 5 acres 25 guntas respectively] be registered in the names of Smt. Siddavva, Basavaraj, Yallappa Allapur, and Mahadevappa. 2. The learned Single Judge had faulted the Land Tribunal for directing that occupancy rights be entered only in favour of the three heirs of late Shri Ramappa Gurappa Allapura, who had claimed occupancy rights in respect of the subject property. There appears to be no dispute as regards the grant in favour of Shri Ramappa Gurappa Allapura. However, Land Tribunal, referring to a Will, had directed the entries to be made in the names of - 5 - HC-KAR NC: 2025:KHC-D:9648-DB WA No. 100524 of 2022 his legal heirs. There is a dispute as to whether his rights in the subject land vest exclusively in the three heirs. 3. Clearly, the Tribunal had not examined the said dispute. Thus, the learned Single Judge – in our view – rightly directed the entries of Land Tribunal records be made in favour of the natural heirs of Shri Ramappa Gurappa Allapura. Learned Single Judge had also clarified that the same would not preclude the three legal heirs or persons claiming through them to agitate their rights in any civil proceedings. We find no infirmity with the said view. 4. The learned counsel appearing for the appellants submits that the appellants have purchased the land from three vendors who claim rights to the estate of late Shri Ramappa Gurappa Allapura. She submits that the appellants have also filed an application for being impleaded in the petition filed before the learned Single Judge. However, the writ petition was disposed of without considering the appellants' application for impleadment. - 6 - HC-KAR NC: 2025:KHC-D:9648-DB WA No. 100524 of 2022 5. We have heard the learned counsel for the appellants and in our view it would suffice to clarify that the appellants are also not precluded from agitating their inter se rights with the private respondents in any civil proceedings. In the event the appellants are able to establish their title to the said lands, neither the impugned order nor the order passed by Land Tribunal, which was impugned in the W.P No 104372 of 2025 would be construed as prejudicing the appellants in any manner. We say so as it is trite law that entries in the land records do not confer title. 6. The appeal is disposed of in the aforesaid terms. 7. Pending applications are also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BVV List No.: 1 Sl No.: 2