- 1 - HC-KAR NC: 2025:KHC:52715 WP No. 57005 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 57005 OF 2016 (LR) BETWEEN: 1. SRI. SADASHIVA POOJARY S/O LATE KRISHNA POOJARY, AGED ABOUT 61 YEARS, 2. SRI. RAGHU POOJARY S/O LATE KRISHNA POOJARY AGED ABOUT 58 YEARS, 3. SRI. ASHOK POOJARY S/O LATE KRISHNA POOJARY AGED ABOUT 54 YEARS, 4. SRI. RAMESH POOJARY S/O LATE KRISHNA POOJARY AGED ABOUT 50 YEARS, 5. SRI. KARUNAKARA POOJARY S/O LATE KRISHNA POOJARY, AGED ABOUT 46 YEARS, ALL ARE AGRICULTURISTS RESIDING THOTADA MANE, MANIBETTU, MATTAR POST, SHIRVA VILLAGE, UDUPI TALUK, UDUPI DISTRICT - 574 116. …PETITIONERS (BY SRI. PRASANNA V.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52715 WP No. 57005 of 2016 DEPARTMENT OF REVENUE M.S. BUILDING, BENGALURU - 560 001. 2. THE LAND TRIBUNAL UDUPI, REP. BY ITS CHAIRMAN UDUPI TALUK, UDUPI DISTRICT - 576 101. 3. SMT. SUDHA HEGDE D/O LATE VITTAL SHETTY & SMT. RAJEEVI HEGGADATHI , 4. SRI. MOHANDAS HEGDE S/O LATE VITTAL SHETTY & SMT. RAJEEVI HEGGADATHI 5. SMT. PRABHAMANI D/O LATE VITTAL SHETTY & SMT. RAJEEVI HEGGADATHI 6. SMT. POORNA D/O LATE VITTAL SHETTY & SMT. RAJEEVI HEGGADATHI RESPONDENTS NO.3 TO 6 ARE ALL MAJOR IN AGE, RESIDING AT ARANTHADI HOUSE, MANIBETTU, MATTAR POST, SHIRVA VILLAGE, UDUPI TALUK, UDUPI DISTRICT - 574 116. 7. SMT. RATHNAVATHI HEGGADATHI W/O LATE SHAMBU SHETTY , AGE MAJOR R/AT SHIVA KRUPA, OPP. AMMANNI RAMANNA SHETTY HALL, UDUPI - 576 101. …RESPONDENTS (BY SRI. RAHUL CARIAPPA K.S., AGA FOR R1 AND R2; SRI. AJITH ANAND SHETTY, ADVOCATE FOR R6; NOTICE TO R3, R5 AND R7 HELD SUFFICIENT; R4 - SERVED) - 3 - HC-KAR NC: 2025:KHC:52715 WP No. 57005 of 2016 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.10.1977 PASSED BY R-2 LAND TRIBUNAL IN SO FAR AS NOT GRANTING OCCUPANCY RIGHT ON THE AGRICULTURAL TENANTED LANDS SHOWN IN THE SCHEDULE HEREIN BELOW AT ANNEX-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER In this Writ Petition, the petitioners have sought for a writ of certiorari to quash the order dated 25.10.1977 passed by respondent No.2 in No.LRY 91-54-TRI-1429:77- 78, as per Annexure-A. 2. The grievance of the petitioners is that the mother of the petitioners one Smt.Narsi Poojarthi was an agricultural tenant in respect of certain lands under the predecessor of respondent Nos.3 to 7 i.e., one Smt.Rajeevi Heggadathi on executing a Chalagani Chit dated 23.03.1957. Since she continued in possession of the land, after introduction of Section 48-A of Karnataka - 4 - HC-KAR NC: 2025:KHC:52715 WP No. 57005 of 2016 Land Reforms Act, 1961 (for brevity 'the KLR Act') she filed Form No.7 on 18.07.1974 seeking occupancy rights. However, she being an illiterate, mistakenly mentioned the incorrect survey numbers in Form No.7. The landlord conceded for grant of occupancy rights in some of the nanja lands and accordingly, the Tribunal has partly allowed the application on 25.10.1977 in No.LRY 91-54- TRI-1429:77-78 by granting occupancy right in respect of nanja lands. The petitioner's mother challenged the said order for non-granting of occupancy rights on remaining lands, by filing Writ Petition before this Court in W.P.No.44198/1985. In view of the constitution of the Appellate Authority, the said petition was transferred before the Land Tribunal-Appellate Authority. However, the Appellate Authority has not decided the matter and later, the Appellate Authority was abolished. Instead of filing Civil Petition to transfer the pending appeal to this Court, the petitioners have filed the present Writ Petition. Later, the mother of petitioner filed Form No.7A in respect - 5 - HC-KAR NC: 2025:KHC:52715 WP No. 57005 of 2016 to the same lands which she was earlier claimed. However, the Authority dismissed the claim on the ground that those lands were punja lands. The said order has not been challenged and attained finality. In the meantime, the petitioner challenged the earlier order in this Writ Petition. 3. The learned counsel for the respondents submits that in view of the dismissal of the claim of the petitioners by the Authority vide order dated 28.06.2017 for the subject land, the present claim of the petitioners is not sustainable and accordingly, prays to dismiss the Writ Petition. 4. I have carefully perused the documents placed in this Writ Petition. On careful perusal, the initial order passed by the Land Tribunal as per Annexure-A has been challenged by the petitioners before this Court to the extent of non granting of occupancy rights of certain lands and this Court transferred the said case to the Land Tribunal-Appellate Authority. After abolition of the Land - 6 - HC-KAR NC: 2025:KHC:52715 WP No. 57005 of 2016 Tribunal-Appellate Authority, the petitioners have not filed any transfer petition to transfer the appeal before this Court and filed Form No.7A in respect of the very same land, which was dismissed by the Authority and not challenged the said order. In such circumstance, the prayer of the petitioners cannot be granted. Accordingly, writ petition lacks merit and the same is dismissed. Sd/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 11