- 1 - HC-KAR NC: 2025:KHC-D:13198 WP No. 104996 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF SEPTEMBER,2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO. 104996 OF 2025 (LR-) BETWEEN: 1. KASHAVVA W/O. RAMAPPA JOLAD, AGE: 77 YEARS, OCC: HOUSEWIFE AND AGRICULTURE, R/O: KUMBAR ONI, BYAHATTI-580023 TQ: HUBBALLI, DIST: DHARWAD. 2. SMT. PARAVVA W/O. SHIVARUDRAPPA MANAGUNDI AGE: 70 YEARS, OCC: HOUSEWIFE AND AGRICULTURE, R/O. JIDDI ONI, AMARGOL-580025 TQ AND DIST: DHARWAD. 3. SMT. CHINNAVVA W/O. CHANDRU SHILVANT AGE: 68 YEARS, OCC: HOUSEWIFE & AGRICULTURE, R/O. BASAVANAGAR, DHARWAD-580003. 4. RATNAVVA W/O. SIDDAPPA MANAGUNDI, AGE: 65 YEARS, OCC: HOUSEWIFE & AGRICULTURE R/O. JIDDI ONI, AMARGOL-580025 TQ AND DIST: DHARWAD. …PETITIONERS (BY SRI. A.P. MURARI AND SMT. SHIVANI A. MURARI, ADV.S) AND: 1. LAND TRIBUNAL, DHARWAD DHARWAD TALUK, DIST. DHARWAD-580001. 2. TAHSILDAR, DHARWAD TALUK, DIST: DHARWAD-580001. MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13198 WP No. 104996 of 2025 3. PRALHAD S/O. RAGHVENDRA DESAI AGE: 60 YEARS, OCC: GOVT. SERVICE, R/O. JAYANAGAR, 1ST CROSS, DHARWAD-580001. 4. SANTOSH S/O. RAGHVENDRA DESAI AGE: 48 YEARS, OCC: GOVT. SERVICE R/O. SATTUR COLONY, 3RD CROSS, VIDYAGIRI, DHARWAD-580004. 5. SMT. PALLAVI W/O. PRALHAD DESAI AGE: 56 YEARS, OCC: HOUSEWIFE, R/O. JAYANAGAR, 1ST CROSS, DHARWAD-580001. 6. HARSH S/O. PRALHAD DESAI AGE: 21 YEARS,OCC: STUDENT, R/O. JAYANAGAR, 1ST CROSS, DHARWAD-580001. 7. RAGHAVENDRA S/O. PRALHAD DESAI AGE: 27 YEARS, OCC: STUDENT, R/O. JAYANAGAR, 1ST CROSS, DHARWAD-580001. 8. SMT. VEDA W/O. SANTOSH DESAI AGE: 43 YEARS, OCC: HOUSEWIFE R/O. SATTUR COLONY, 3RD CROSS, VIDYAGIRI, DHARWAD-580004. 9. KUMARI SHREYA D/O. SANTOSH DESAI AGE:19 YEARS, OCC: STUDENT, R/O. SATTUR COLONY, 3RD CROSS, VIDYAGIRI, DHARWAD-580004. 10. KBS DEVELOPERS, REPRESENTED BY ITS PARTNERS: I) SHRI. AMRUT S/O. NAGOSA KABBADI, AGE: 41 YEARS, OCC: BUSINESS, R/O. NEAR TIRUPATI BAZAAR, VIJAY NAGAR, HUBBALLI-580032 DIST: DHARWAD. - 3 - HC-KAR NC: 2025:KHC-D:13198 WP No. 104996 of 2025 II) SHRI. PRAMOD KUMAR S/O. JAGGANATHSA SINGRI AGE: 48 YEARS, OCC: BUSINESS, R/O. BEVINAKATTI ONI, GADAG-582101, DIST: GADAG. …RESPONDENTs (BY SRI. T. HANUMAREDDY, AGA FOR R1 & R2; SRI. G.R. GURUMATH, SR. COUNSEL FOR SRI. MALLIKARJUNSWAMY. B. HIREMATH, ADV. FOR R3 TO R9; SRI. VEERESH R. BUDIHAL, ADV. FOR R10(1) AND R10(2)) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE A WRIT OR ORDER IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER AT ANNEXURE-A BEARING NO. KLR/7/NUGGIKERI/SR-24+41 DATED 28.10.2024 PASSED BY THE RESPONDENT NO.1, THE LAND TRIBUNAL, DHARWAD. II) ISSUE A WRIT OR ORDER IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE IMPUGNED LETTER AT ANNEXURE-B BEARING NO. KLR/7/NUGGIKERI/SR-24+41 DATED 29.10.2024 ISSUED BY THE RESPONDENT NO.2, THE TAHSILDAR, DHARWAD. III) ISSUE A WRIT OR ORDER IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE IMPUGNED LETTER AT ANNEXURE-C BEARING NO. KLRCR 354/2024-25/E DATED 11.11.2024 ISSUED BY RESPONDENT NO.2, THE TAHSILDAR, DHARWAD. IV) ISSUE A WRIT OR ORDER IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE IMPUGNED OFFICE ORDER AT ANNEXURE-D BEARING KLRCR354/2024-25/E-217877 DATED 28.01.2025 PASSED BY THE RESPONDENT NO.2/TAHSILDAR, DHARWAD. V) DECLARE THAT ALL TRANSACTIONS PURSUANT TO THE IMPUGNED ORDERS/LETTERS AT ANNEXURES-A TO D INCLUDING SALE DEEDS DATED 18.01.2025 AT ANNEXURES-V, W AND Y EXECUTED AND REGISTERED BY RESPONDENT NOS.3 TO 9 IN FAVOUR OF RESPONDENT NO.10 REPRESENTED BY RESPONDENT NOS. 10(I) AND 10(II) ARE ILLEGAL AND NOT BINDING ON THE PETITIONERS. - 4 - HC-KAR NC: 2025:KHC-D:13198 WP No. 104996 of 2025 VI) GRANT SUCH OTHER OR DIRECTIONS AS DEEMED FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. VII) LEAVE TO AMEND THE PETITION AND TO SUBMIT ADDITIONAL GROUNDS BE RESERVED TO THE PETITIONERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL ORDER 1. This writ petition is filed by the petitoners challenging the order dated 28.10.2024 passed by the 1st respondent- Land Tribunal, Dharwad vide annexure ‘A’ and also the impugned letters vide Annexures-‘B’, ‘C’ and ‘D’ and to declare all the transactions pursuant to the impugned orders/letters at Annexures-‘A to D’ including the sale deeds dated 18.01.2025 vide Annexures-‘V’, ‘W’, and ‘Y’ executed and registered by respondent Nos.3 to 9 in favour of respondent No.10 represented by respondent No.10(i) and (ii) are illegal and not binding on the petitioners. 2. It is the case of the petitioners that the deceased Ninganagouda Basavanagouda Patil was the tenant of the agricultural lands mentioned in para 4 of the writ petition. On coming into force of the Land Reforms (Amendment) Act, - 5 - HC-KAR NC: 2025:KHC-D:13198 WP No. 104996 of 2025 1974, with effect from 01.03.1974, one of the sons of the deceased tenant Ninganagouda Patil, namely Shivangouda Ningangouda Patil filed Form No.VII claiming occupancy rights in respect of Block No.45 and other block numbers. The respondent No.2 acknowledged the receipt of Form No.VII on 28.12.1974. The Land Tribunal, Dharwad, vide order dated 18.11.1981 passed an order in respect of block numbers of Nuggikeri including Block Nos. 45 and 86 of Nuggikeri. The Land Tribunal held that Block No.86 is an agricultural tenanted land vested with the Government under Section 44 of the KLR Act and decided to confer occupancy rights in respect of 13 acres 36 guntas out of 24 acres 9 guntas to one Sri. Ramappa Ishwarappa Arer, who was the rival tenant. The Land Tribunal rejected the application-Form No.VII filed by Shankargouda Kallangouda Patil and Shivangouda Ningangouda Patil. In respect of Block No.45, the Tribunal held that, the applicants Shankargouda and Shivangouda have alleged to have admitted that they have not cultivated the land and observed that the owner of the land-Raghvendra Pralhad Desai and others filed objections stating that civil Court has held that - 6 - HC-KAR NC: 2025:KHC-D:13198 WP No. 104996 of 2025 Shivangouda, Kallangouda, Parvatgouda and Mahadevgouda, who are the sons of deceased tenant Ningangouda Basangouda Patil are not the tenants of Block No.45 of Nuggikeri. The order of the Land Tribunal was challenged in Writ Petition No.10629/1985. This Court vide order dated 01.02.1999 allowed the writ petition and remitted the matter to the Tribunal to pass fresh orders in accordance with law. Pursuant to the order passed by this Court in the aforesaid writ petition, proceedings were conducted by the Land Tribunal. The Land Tribunal under the presumption that Block No.45 was also the subject matter of the writ petition, proceeded to conduct enquiry and later on, the Land Tribunal coming to know about the order passed in the aforesaid writ petition that Block No.45 was not the subject matter of the said writ petition passed the impugned order. Hence, the petitioner aggrieved by the impugned order of the Land Tribunal filed this writ petition. 3. Heard Sri. A.P. Murari, learned senior member of the Bar for the petitioners, learned senior counsel Sri. G.R. - 7 - HC-KAR NC: 2025:KHC-D:13198 WP No. 104996 of 2025 Gurumath for Sri. Mallikarjunswamy B. Hiremath for the respondents and the learned Sri. T. Hanumareddy, Additional Government Advocate for the State. 4. Learned counsel for the petitioners submits that the son of the original propositus Shivangouda Ningangouda Patil has filed Form No.VII seeking occupancy rights in respect of Block No.45 and other lands. The Land Tribunal has passed an order dated 18.11.1981. He submits that the order of the Land Tribunal was challenged by one Ganganagouda B. Patil and others in Writ Petition No.10629/1985. This Court by order dated 01.02.1999 allowed the writ petition and set aside the order passed by the Land Tribunal and remitted the matter to the Tribunal for fresh disposal. He submits that in view of the remand order passed by this Court, the Land Tribunal was justified in initiating the proceedings in respect of Block No.45. However, the Land Tribunal has dropped the proceedings after taking notice that Block No.45 was not the subject matter of the order dated 01.02.1999. The Tribunal committed an error in passing the impugned order. He also submits that the - 8 - HC-KAR NC: 2025:KHC-D:13198 WP No. 104996 of 2025 petitioners are continued to be in possession of the property in question even after the order passed by the Land Tribunal and the names of the petitioners are entered in the record of rights. He also submits that the sale deeds executed in favour of the respondents are null and void and contrary to the records. Hence, on these grounds he prays to allow the writ petition. 5. Per contra, learned senior counsel Sri. G.R. Gurumath for the contesting respondents submits that the order of the Land Tribunal insofar as Block No.45 is concerned it was not the subject matter of Writ Petition No.10629/1985. The subject matter of the aforesaid writ petition was Block Nos.83 and 76. The order passed by the Land Tribunal regarding Block No.45 has attained finality. None of the parties have challenged the order passed by the Land Tribunal regarding Block No.45. The Land Tribunal allowed the Writ Petition No.10629/1981 under the presumption that Block No.45 was also the subject matter of the said writ petition. He submits that, later on, it was brought to the notice of the - 9 - HC-KAR NC: 2025:KHC-D:13198 WP No. 104996 of 2025 Land Tribunal that Block No.45 was not the subject matter of the said writ petition, the Land Tribunal considering the material on record, has passed the impugned order. He submits that the order passed by the Land Tribunal is just and proper and do not call for interference. On these grounds, he prays to dismiss the writ petition. 6. Learned AGA adopts the arguments of the learned senior counsel for the contesting respondents. 7. Perused the records and considered the submissions of the learned counsel for the parties. 8. Admittedly, Shivangouda son of Ninganagouda Basavanagouda Patil filed Form No.VII in respect of Block numbers as follows: Survey/ Block Number Extent of land A. Gs. Assessment Rs. Ps. 02 04.11 23.00 45 42.39 11.00 83 15.27 05.00 76 21.36 05.00 86 24.09 23.00 - 10 - HC-KAR NC: 2025:KHC-D:13198 WP No. 104996 of 2025 9. From the perusal of the order passed by the Land Tribunal, the Land Tribunal recorded a finding that Shivangouda, Kallangouda, Paravatgouda and Mahadevgouda are not the tenants of the said the land Block No.45 of Nuggikeri. The order passed by the Land Tribunal insofar as Block No.45 is concerned, the same has attained finality. One Ganganagouda B. Patil and others filed writ petition in Writ Petition No.10629/1985 challenging the order of the Land Tribunal dated 18.11.1981 regarding Block Nos.76 and 83. Admittedly, the petitioners therein did not challenge the order of the Land Tribunal regading Block No.45. This Court allowed the petition and remitted the matter to the Land Tribunal for fresh disposal regarding Block Nos.76 and 83. The Land Tribunal without going through the order passed by this Court has initiated proceedings in respect of Block No.45 also. The subject matter of the writ petition was only in respect of Block Nos.76 and 83. The Tribunal after noticing that Block No.45 was not the subject matter of the writ petition has passed an order to drop the proceedings insofar as Block No.45. The order passed by the Land Tribunal dated 18.11.1981 has - 11 - HC-KAR NC: 2025:KHC-D:13198 WP No. 104996 of 2025 attained finality. The Land Tribunal has rightly dropped the proceedings regarding Block No.45. I do not find merit in the writ petition. Accordingly, proceed to pass the following order. The writ petition is dismissed. In view of dismissal of the writ petition, I.A/1/2025 and 2/2025 do not survive for consideration. Accordingly, disposed of. Sd/- (ASHOK S. KINAGI) JUDGE kmv CT:ANB