- 1 - HC-KAR NC: 2025:KHC-D:17281 WP No. 109936 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109936 OF 2014 (LR) BETWEEN: 1. 1a. SRI. MALLESHAPPA S/O SANGAPPA KAMMAR, DECEASED BY HIS LR’S., SRI. DYAMAPPA S/O MALLESHAPPA KAMMAR, AGE: 44 YEARS, OCC: AGRICULTURIST, R/O: BELAGALAPET, TQ: HANGAL, DIST: HAVERI, PIN CODE-581 104. 2. 2a. SRI. NINGAPPA S/O SANGAPPA KAMMAR, DECEASED BY HIS LR’S., SRI. MANJAPPA S/O NINGAPPA KAMMAR, AGE: 41 YEARS, OCC: AGRICULTURIST, R/O: BELAGALAPET, TQ: HANGAL, DIST: HAVERI, PIN CODE-581 104. 3. SRI. KOTEPPA S/O SANGAPPA KAMMAR, AGE: 60 YEARS, OCC: AGRICULTURIST, R/O: BELAGALAPET, TQ: HANGAL, DIST: HAVERI, PIN CODE-581 104. … PETITIONERS (BY SRI. GANAPATI M. BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, PRINCIPAL SECRETARY, CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:17281 WP No. 109936 of 2014 DEPARTMENT OF LAND REVENUE, VIDHANA SOUDHA, BANGALORE-001. 2. THE LAND TRIBUNAL, HANGAL, AT: HANGAL, DIST: HAVERI. 3. 3a. BASAPPA S/O NISHIMAPPA BYALAL, SINCE DECEASED BY HIS LR’S., SHIVAPPA S/O BASAPPA BYALAL, AGED ABOUT 60 YEARS, OCC: AGRICULTURIST, 3b. PARASAPPA S/O BASAPPA BYALAL, AGED ABOUT 50 YEARS, OCC: AGRICULTURIST, 3c. MANAPPA S/O BASAPPA BYALAL, AGED ABOUT 45 YEARS, OCC: AGRICULTURIST, RESPONDENTS NOS. 3A TO 3C ARE R/O: BELAGALAPET, TQ: HANGAL, DIST: HAVERI, PIN CODE-581 104. 4. 4a. YALLAPPA S/O NISHIMAPPA BYALAL, SINCE DECEASED BY HIS LR’S., SHAMBANNA S/O YALLAPPA BYALAL, AGED ABOUT 48 YEARS, OCC: AGRICULTURIST, R/O: BELAGALAPET, TQ: HANGAL, DIST: HAVERI, PIN CODE-581 104. 5. 5a. BASAVANNAPPA S/O NISHIMAPPA BYALAL, SINCE DECEASED BY HIS LR’S., SMT. GANGAWWA KOM BASAVANNEPPA BYALAL, AGED ABOUT 45 YEARS, OCC: HOUSEHOLD WORK, 5b. PRABHU S/O BASAVANNEPPA BYALAL, AGED ABOUT 24 YEARS, OCC: AGRICULTURIST, - 3 - HC-KAR NC: 2025:KHC-D:17281 WP No. 109936 of 2014 5c. YALLAPPA S/O BASAVANNEPPA BYALAL, AGED ABOUT 22 YEARS, OCC: AGRICULTURIST, RESPONDENT NOS.5a TO 5c ARE R/O: BELAGALAPET, TQ: HANGAL, DIST: HAVERI, PIN CODE-581 104. 5d. SMT. GEETA KOM FAKKIRGOUDA PATIL, AGED ABOUT 30 YEARS, OCC: HOUSEHOLD WORK, R/O: JEKINAKATTI, TQ: SAVANOOR, DIST: HAVERI. 6. 6a. CHANNABASAPPA S/O NISHIMAPPA BYALAL, SINCE DECEASED BY HIS LR’S., MAHADEVAPPA S/O CHANNABASAPPA BYALAL, AGED ABOUT 55 YEARS, OCC: AGRICULTURIST, 6b. RAMAPPA S/O CHANNABASAPPA BYALAL, AGED ABOUT 50 YEARS, OCC: AGRICULTURIST, 6c. KUMARAPPA S/O CHANNABASAPPA BYALAL, AGED ABOUT 45 YEARS, OCC: AGRICULTURIST, 6d. KALLAPPA S/O CHANNABASAPPA BYALAL, AGED ABOUT 40 YEARS, OCC: AGRICULTURIST, 6e. SMT. BASAWANNEWWA KOM GUDDAPPA ANGADI, - 4 - HC-KAR NC: 2025:KHC-D:17281 WP No. 109936 of 2014 AGED ABOUT 35 YEARS, OCC: AGRICULTURIST, 6f. SMT. MALLAWWA KOM SHEKAPPA ITAGI, AGED ABOUT 30 YEARS, OCC: AGRICULTURIST, RESPONDENT NOS.6a TO 5f ARE R/O. BELAGALAPET, TQ: HANGAL, DIST: HAVERI, PIN CODE-581 104. 7. SHIVARAYAPPA S/O NISHIMAPPA BYALAL, AGED ABOUT 85 YEARS, OCC: AGRICULTURIST, R/O. BELAGALAPET, TQ: HANGAL, DIST: HAVERI, PIN CODE-581 104. 8. PANCHAKSHARIGOUDA S/O KUAMARAGOUDA PATIL, AGED ABOUT 36 YEARS, OCC: AGRICULTURIST, R/O: KADASHETTYHALLI, TQ: HANAGAL, DIST: HAVERI. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 AND R2; SRI. SANTOSH B. MANE, ADVOCATE FOR R3a TO R3c, R4a, R5a TO R5d, R6a TO R6f AND R7; SRI. LAXMAN T. MANTAGANI, ADVOCATE FOR R8) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI TO QUASH ORDER DATED 15.10.1981 IN LRM/SR- 77/28+30+31+33 PASSED BY THE LAND TRIBUNAL, HANGAL WHICH PRODUCED AT ANNEXURE-D IN SO FAR AS LAND SY.NO.80/2 MEASURING 2-28-0 SITUATED AT BELAGALAPET VILLAGE OF HANAGAL TALUK AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:17281 WP No. 109936 of 2014 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 15.10.1981 passed by the Land Tribunal, Hanagal. 2. The petitioners have annexed the order dated 15.10.1981 passed by the Land Tribunal, Hanagal. In terms of which, the land bearing Sy.No.80/2, measuring 2 acres 28 guntas, situated at Belagalapet village, Hanagal taluk, was granted in favour of respondent No.7. This petition has been filed 33 years after the grant of occupancy rights. 3. The petitioners have averred that they are in possession of the property, and that they came to know about the order passed by the Land Tribunal only in the year 2014, when respondent No.8 tried to dispossess them on the basis of a Sale Deed dated 24.03.2014 said to have been executed by respondents No.3 to 7. 4. Learned counsel appearing for the respondents would submit that in the record of rights for the year 1973-74, the name of Form No.7 applicant was shown as the cultivator. As - 6 - HC-KAR NC: 2025:KHC-D:17281 WP No. 109936 of 2014 such, the tenancy stood established and the present claim is belated. 5. It is also noticed that the reason for filing the writ petition after 33 years is not satisfactory, explained the Sale Deed produced at Annexure-F dated 24.03.2014, indicates that the property is purchased by respondent No.8. Since there was no contest before the Tribunal, and the record of rights for the year 1973-74 reflects the name of the tenant in Column No.12, the Court does not find any reason to interfere with the said order in exercise of its jurisdiction under Article 226 of the Constitution of India. 6. With these observations, the writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 2 SL NO.: 7