- 1 - HC-KAR NC: 2025:KHC-D:15343 WP No. 65139 of 2011 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 65139 OF 2011 (LR) BETWEEN: 1. SMT. CHALAVADI HULAGAMMA D/O. MALLAPPA, AGE: 62 YEARS, OCC: AGRICULTURE, 2. SMT. CHALAVADI BASAMMA W/O. LATE CHALAVADI DEVENDRAPPA, AGE: 45 YEARS, OCC: AGRICULTURE, 3. DARA SHEKAPPA S/O. LATE MALLAPPA, AGE: 58 YEARS, OCC: AGRICULTURE, 4. HARIJANA SHIVALINGAPPA S/O. MALLAPPA, AGE: 53 YEARS, OCC: AGRICULTURE, 5. WADDARA YELLAPPA S/O. LATE HIMMAPPA, AGE: 43 YEARS, OCC: AGRICULTURE, 6. NAYAKARA RUDRAMMA W/O. HUSSSEINI, AGE: 50 YEARS, OCC: AGRICULTURE, 7. NAYAKARA NAGARAJU S/O. CHIDANANDAPPA, AGE: 50 YEARS, OCC: AGRICULTURE, 8. GOLLARA LAXMANA S/O. MALLAYYA, AGE: 48 YEARS, OCC: AGRICULTURE, 9. AGASARA MUNIYAMMA W/O. AGASARA IRANNA, AGE: 50 YEARS, OCC: AGRICULTURE, ALL ARE R/O: RARAVI VILLAGE, TQ: SHIRAGUPPA, DIST: BALLARI. … PETITIONERS (BY SRI. GIRISH V. BHAT, ADVOCATE; V/O/DATED 30.07.2024 P3, P5, P7 AND P9 ARE ABATED) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.19 12:20:58 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15343 WP No. 65139 of 2011 AND: 1. THE LAND TRIBUNAL, SIRUGUPPA TALUK, DIST: BALLARI. 2. SMT. NAGAMMA, AGE: 55 YEARS, OCC: AGRICULTURE, 3. DODDA SANNA MUDUKAPPA, AGE: 65 YEARS, OCC: AGRICULTURE, 4. K. LINGAPPA, AGE: 45 YEARS, OCC: AGRICULTURE, 5. K. JAMBANNA, AGE: 43 YEARS, OCC: AGRICULTURE, 6. K. NAGESH, AGE: 40 YEARS, OCC: AGRICULTURE, 7. K. ANAND, AGE: 37 YEARS, OCC: AGRICULTURE, ALL R/O: RARAVI VILLAGE, TQ: SHIRAGUPPA, DIST: BALLARI. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1; SRI. B. SHARANABASAWA, ADVOCATE FOR R2 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR OTHER APPROPRIATE ORDER IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY THE 1ST RESPONDENT LAND TRIBUNAL, SIRUGUPPA BEARING NO.¸ÀA/PÀA/¨sÀƸÀÄ/37/79-80, RARAVI, DATED 24/03/2011 VIDE ANNEXURE-‘P’ AS ILLEGAL. THIS PETITION COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15343 WP No. 65139 of 2011 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard learned counsel appearing for the petitioners, the learned counsel appearing for respondents No.2 to 7 and the learned Government Advocate. 2. The petition is filed assailing the order dated 24.03.2011 marked at Annexure - P passed by the Land Tribunal - respondent No.1. In terms of the said order, the Land Tribunal has held that the holding of the contesting respondents No.2 to 7 is within the permissible ceiling limits under the Karnataka Land reforms Act, 1961 and cancelled the grant in favour of the petitioners which was made earlier. 3. Learned counsel for the petitioners would submit that earlier the Land Tribunal has held that 19 acres 63 cents of land held by Sanna Mallirappa was excess and based on the declaration furnished by him has resumed that land and later, it was granted to the petitioners. Sanna Mallirappa challenged the said order before this Court and the matter was remanded to the Tribunal for fresh consideration. - 4 - HC-KAR NC: 2025:KHC-D:15343 WP No. 65139 of 2011 4. Thereafter, again the Tribunal has held that the land in the name of Sanna Mallirappa is excess. 5. That order was not questioned by Sanna Mallirappa as he died in the year 1988. Thereafter, one Nagamma claiming to be the wife of Sanna Mallirappa filed a Writ Petition along two others, who according to Nagamma are the sons of Dodda Mallirappa and Dodda Mallirappa is said to be the brother of Sanna Mallirappa. It is urged before this Court that the order is passed without proper notice to Sanna Mallirappa and the Writ Petition is filed after the death of Sanna Mallirappa contending that even Dodda Mallaverappa - the brother of Sanna Mallirappa was the joint owner of the property along with Nagamma, who is said to be the wife of Sanna Mallirappa. The Writ Petition was allowed and the matter was remanded. After the remand, the Tribunal passed the impugned order. 6. Learned counsel for the petitioner would submit that declaration filed by Sanna Mallirappa itself would indicate that Yelamma was the wife of Sanna Mallirappa and Nagamma was never the wife of Sanna Mallirappa. Assuming that she is the second wife, the said marriage is void as Yelamma died in the - 5 - HC-KAR NC: 2025:KHC-D:15343 WP No. 65139 of 2011 year 2011 and it is not the case of Nagamma that Sanna Mallirappa’s marriage with Yellamma was dissolved by the decree of the competent Court. 7. It is submitted that remaining petitioners who claim to be the children of Dodda Mallirappa made a claim that the properties are the joint family properties for the first time without any evidence and the Tribunal without any enquiry and trial has held that the properties are the joint family properties of Dodda Mallirappa and Sanna Mallirappa and passed the impugned order without there being any proof relating to the claim of the properties are the joint family properties of Dodda Mallirappa and Sanna Mallirappa. 8. Learned counsel for the contesting respondents would submit that the Tribunal is justified in passing the impugned order as the properties in question were the joint family properties of Dodda Malirappa and Sanna Mallirappa and taking into account the family members, the holding is certainly within the permissible limit and the petitioners cannot maintain the petition as they are not eligible for any grant. - 6 - HC-KAR NC: 2025:KHC-D:15343 WP No. 65139 of 2011 9. The Court has considered the contentions raised at the Bar and perused the records. 10. It is noticed from the impugned order that the Tribunal has proceeded to pass the impugned order based on the majority view dissenting from the view of the Chairman, who held that the holding is in excess of the permissible limit. 11. The majority view is that the property belonged to the joint family of Dodda Mallirappa and Sanna Mallirappa and taking into the account the family members of both Dodda Mallirappa and Sanna Mallirappa, the Tribunal concluded that the properties are within the permissible ceiling limits. 12. It is to be noticed that said finding in the impugned order is not supported by any evidence. It is also noticed that no documents are produced before the Tribunal to hold that Dodda Mallirappa and Sanna Mallirappa jointly possessed the properties. Under these circumstances, the impugned order has to be set- aside and the matter is remitted to the Tribunal for fresh consideration. 13. Hence, the following: - 7 - HC-KAR NC: 2025:KHC-D:15343 WP No. 65139 of 2011 ORDER (i) Writ Petition is allowed-in-part. (ii) The impugned order dated 24/03/2011 passed by the Land Tribunal - respondent No.1 in Proceeding NO.¸ÀA/PÀA/¨sÀƸÀÄ/37/79-80 gÁgÁ«, is set- aside. (iii) The matter is remitted to the Tribunal for fresh consideration. (iv) The parties shall be permitted to lead evidence relating to respective claim. (v) Thereafter, the Tribunal has to consider whether the properties is the ancestral properties as contended by the children of Dodda Mallirappa and Sanna Mallirappa. (vi) The Tribunal has to consider as to what the permissible holding limit is. (vi) The Tribunal also has to consider whether Nagamma is the legally wedded wife of Sanna Mallirappa or whether Yellamma was the legally wedded wife of Sanna Mallirappa. - 8 - HC-KAR NC: 2025:KHC-D:15343 WP No. 65139 of 2011 (vii) It is made clear that this Court has not expressed any opinion on the merits of the matter. (viii) All contentions are left open. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN CT:BCK LIST NO.: 2 SL NO.: 11