- 1 - HC-KAR NC: 2025:KHC-D:10394 WP No. 108486 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 108486 OF 2014 (LR) BETWEEN: 1. 1(a) NAGESH SUBBARAO MAYYA SINCE DECEASED BY HIS LRS GANGUBAI D/O NAGESH MAYYA AGE: 57 YEARS, OCC: AGRICULTURE R/O. HANAGAL TQ: HANAGAL DIST: HAVERI 1(b) SHANTIBAI D/O. NAGESH MAYYA AGE: 54 YEARS, OCC: AGRICULTURE R/O. DHARWAD TQ AND DIST: DHARWAD …PETITIONERS (BY SRI. F V PATIL., ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M S BUILDING, DR AMBEDKAR VEEDHI BANGALORE 2. THE ASSISTANT COMMISSIONER Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10394 WP No. 108486 of 2014 SAVANUR, TQ: SAVANUR DIST: HAVERI 3. THE TAHASILDAR HANAGAL, TQ: HANAGAL DIST: HAVERI 4. THE LAND TRIBUNAL R/BY ITS CHAIRMAN HANAGAL, TQ: HANAGAL DIST: HAVERI 5. SUDHINDRA VIJENDRA DESAI AGE: MAJOR R/O. SANNAKAIGARIKA TRAINING CENTRE, NAVANAGAR, TQ:HUBLI DIST: DHARWAD 6. G S GANTER MEMBER OF LAND TRIBUNAL HANAGAL, DIST: HAVERI R/O. BYATANAL VILLAGE TQ: HANAGAL DIST: HAVERI (DELETED V/O/D 12.07.2019) …RESPONDENTS (BY SRI. RAJENDRA R. PATIL., ADVOCATE FOR R5; SRI. T. HANUMAREDDY., AGA FOR R1-R4; R6-DELETED (V/O DTD. 12.07.2019) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.05.12.2008 PASSED BY THE 2ND RESPONDENT/THE ASSISTANT COMMISSIONER, SAVANUR VIDE ANNEXURE-E AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10394 WP No. 108486 of 2014 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The Petitioners are before this Court seeking for the following reliefs: a. Issue a writ in the nature of Certiorari by quashing the impugned order dated: 05.12.2008 bearing No. LRM/HNL/191 passed by the 2nd Respondent/The Assistant Commissioner, Savanur vide Annexure-E, in the interest of justice and equity. b. Issue a writ in the nature of Certiorari by quashing the impugned order dated: 3.7.2013 bearing No.Bhu.Su/SaPa/VaHi/1/2013-14 passed by the R3/ The Tahasildar, Hanagal vide Annexure-F, in the interest of justice and equity. c. Issue a writ in the nature of Certiorari by quashing the impugned Order dated 26.11.1981 bearing No. LRMSR:25:16 passed by the 4th Respondent/The Land Tribunal, Hanagal vide Annexure-G in the interest of justice and equity. d. Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. 2. A Compromise Petition is filed under Order 23 of Rule 3 of Code of Civil Procedure, which reads as under:- APPLICATION FOR COMPROMISE FILED UNDER ORDER XXIII RULE 3 OF CODE OF CIVIL PROCEDURE - 4 - HC-KAR NC: 2025:KHC-D:10394 WP No. 108486 of 2014 The petitioners herein and Respondent No.5 beg to file this joint Compromise Petition which is as under: 1. It is submitted that the 1st Petitioner was the tenant of land bearing Survey. No.1178/2 measuring to an extent of 46 Acres 25 Guntas of Kelavarkoppa Village, Akkialur Hobli, Tq: Hanagal, Dist: Haveri. (hereinafter referred to as land in question). 2. It is submitted that the land in question was leased to the 1st Petitioner herein in the year 1956-57, continued to cultivate the land in question right from the year 1956-57 onwards it is submitted that the 1st Petitioner name came to be entered by Mutation Entry as an ordinary tenant, to that effect M.E.No.418 dated 22.08.1956 was certified. It is submitted that the record of rights in respect of the land in question was standing in the name of 1st petitioner showing that 1st petitioner was a ordinary tenant right from the year 1956-57 up to the 01.03.1974 i.e., record of rights of 1974-75 which has been produced in the writ petition. 3. It is submitted that the 1st petitioner filed form No.7 on 17.08.1974 specifically stating that 1st petitioner was cultivating the land in question from 19 56-57 upto 01.03.1974. 4. It is submitted that the 1st petitioner expired on 22.03.1997, leaving behind the petitioner No.1(a) and (b)-the daughters as the tenancy rights being heritable, the legal heirs of the 1st petitioner continued to cultivate the land in question as a tenants up to this day. It is submitted that it is not in dispute from the records produced by the petitioners that the land in question is a tenanted land cultivated by the tenant right from the year 1956-57 up to 01.03.1974 and continued to cultivate the land in question up to this day. 5. It is submitted that in view of the admitting of the 1st petitioner as ordinary tenant as the records produced clearly shows that it is a tenanted land. It is submitted that the 5th respondent also admits that the land in question is a tenanted land cultivated by the petitioners and they are entitle for grant of occupancy rights. 6. It is submitted that as the respondent No.5 has admitted that the petitioners are the tenants and respondent no. 5 has no objection for conferment of occupancy rights in favour of the petitioners in respect of land bearing Survey No. 117B/2 measuring to an extent of 46 acres 25 guntas of Kelavarkoppa Village, Akkialur Hobli, Tq: Hanagal, Dist: Haveri. 7. It is submitted that the 5th respondent has no objection that order of the Land Tribunal dated 26.11.1981 brg.No.LRMSR:25:16 vide Annexure-G refusing to grant occupancy rights in favour of petitioners may kindly be quashed. - 5 - HC-KAR NC: 2025:KHC-D:10394 WP No. 108486 of 2014 8. It is submitted that in view of the above settlement, the petitioners have agreed to pay Rs. 5,00,000/- (Five Lakhs) by way of Demand Draft drawn in favour of respondent No.5 bearing No. 908343 in full and final settlement of occupancy price payable to the 5th Respondent. 9. It is submitted that as the 5th Respondent has admitted that the petitioners are the tenants and 5th Respondent has no objection for conferment of occupancy rights, the 4th respondent land tribunal may be directed to confer occupancy rights within period of one month from the date of communication of the order. 10. It is submitted that on conferment of occupancy rights in favor of the petitioners by the land tribunal, the 3rd respondent Tahildar may be directed to issue From No.10 within period of 10 days thereafter. 11. It is submitted that in view of the compromise of the parties the 5th respondent or his men will not interfere with the lawful possession of the tenants in respect of the land in question. 12. It is submitted that the compromise is lawful and it is inconsonance with the provisions of the Karnataka Land Reforms Act as occupancy rights is being granted in favour of the tenant. (Relied on:-1993 (1) Kant J 61 between Vishna Reddy Vs Land Tribunal, Haveri and others). 13. The terms of the compromise petition have been read over to the parties and parties have understood the terms of the compromise and have signed the compromise after understanding the same. 14. Under these circumstances, it is prayed that the writ petition may kindly be disposed of in terms of the compromise as stated above, in the interest of justice and equity. 3. Petitioners No.1(a) and 1(b) as also Respondent No.5 are personally present before this Court and are identified by their respective advocates. 4. Shri Sudhindra Vijendra Desai - Respondent No.5 on enquiry submits that he does not wish to prosecute - 6 - HC-KAR NC: 2025:KHC-D:10394 WP No. 108486 of 2014 any claim as regards the ownership of the property in question and he has no objection for grant of occupancy right in favour of Petitioners No.1(a) and 1(b) subject to payment of a sum of ₹5,00,000/-. Today, Petitioners No.1(a) and 1(b) have handed over the demand draft bearing No.908343 drawn on State Bank of India, Dharwad Branch for a sum of ₹5,00,000/- which has been handed over to Respondent No.5 which he acknowledges receipt thereof. 5. The Compromise Petition is taken on record. The compromise entered into between the parties is accepted since the same is in accordance with law and entered into of the own will and volition of the parties and as such, I pass the following: ORDER i) The Writ Petition is allowed. ii) A certiorari is issued. The order dated 5.12.2008 bearing No.LRM/HNL/191 passed by - 7 - HC-KAR NC: 2025:KHC-D:10394 WP No. 108486 of 2014 Respondent No.2 – Assistant Commissioner at Annexure-E is quashed. iii) A certiorari is issued. The order dated 3.7.2013 bearing No.Bhu.Su/SaPa/VaHi/1/2013-14 passed by Respondent No.3 - Tahsildar at Annexure-F is quashed. iv) A certiorari is issued. The order dated 26.11.1981 bearing No.LRM.SR:25:16 passed by Respondent No.4 - Land Tribunal at Annexure-G is quashed. v) Consequently, the application in Form No.7 bearing No.3186 dated 17.8.1974 filed by the late *father of the Petitioners No.1(a) and 1(b) is allowed. vi) Respondent No.*4 is directed to register the occupancy rights of Petitioners No.1(a) and 1(b) as tenants within a period of four weeks from the date of receipt of a copy of this order, * Corrected vide Court order Dated 12.09.2025 Sd/- SGRJ - 8 - HC-KAR NC: 2025:KHC-D:10394 WP No. 108486 of 2014 and issue such other documents and certificates as are necessary to comply with the above. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 142