- 1 - NC: 2024:KHC-D:6867 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL, 2024 BEFORE THE HON'BLE MRS. JUSTICE M.G.UMA WRIT PETITION NO.64971/2010(LR) C/W WRIT PETITION NO.64970/2010 IN WP.NO.64971/2010: BETWEEN: 1. KRISHNARAO S/O. VALLABHARAO KULKARNI, SINCE DEAD BY HIS LR’S. 1(a). DATTATREYA S/O. KRISHNARAO KULKARNI, SINCE DECEASED BY HIS LR. 1(a)(i) SURAJ D. KULKARNI, AGE: 26, OCC: AGRICULTURE, R/O: 2495, 10TH A MAIN, D BLOCK, 2ND STAGE, NEAR MAHAKAVI KUVEMPU, ROAD STATION, RAJAJINAGAR, VTC RAJAJINAGAR, DIST: BENGALURU. 2. SANGANGOUDA S/O. BASANAGOUDA LAKKANGOUDAR, AGE: 58 YEARS, OCC: AGRICULTURE, R/O: MELLIGATTI, TQ: SAVANUR, DIST: HAVERI. …PETITIONERS (BY SRI F. V. PATIL, SRI NANDISH PATIL AND SRI R.R.SHIVAPUR, ADVOCATES FOR P1(a)(i)) Digitally signed by MANJANNA E Location: High Court of Karnataka - 2 - NC: 2024:KHC-D:6867 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 AND: 1. THE STATE OF KARNATAKA, RPTD. BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANASOUDHA, BENGALURU – 01. 2. THE LAND TRIBUNAL, DHARWAD, REPTD. BY ITS CHAIRMAN, DHARWAD. 3. THE ASSISTANT COMMISSIONER, SAVANUR, SUB-DIVISION, SAVANUR, DIST: HAVERI. 4. BASANGOUDA S/O. KALLANGOUDA DYAMANGOUDAR, SINCE DEAD BY HIS LR’S. 4(a). SMT. NAGAWWA W/O. BASANGOUDA DYAMANGOUDAR, AGE: MAJOR, OCC: AGRICULTURE, R/O: MELLIGATTI, Tq: SAVANUR, DIST: HAVERI. 4(b). SMT. SUBADRAMMA W/O. BASANGOUDA DYAMANGOUDAR, AGE: MAJOR, OCC: AGRICULTURE, R/O: MELLIGATTI, TAL: SAVANUR, DIST: HAVERI. 4(c). SRI. SHIVANGOUDA S/O. BASANGOUDA DYAMANGOUDAR @ HITTALAMANI, AGE: MAJOR, OCC: AGRICULTURE, R/O: MELLIGATTI, Tq: SAVANUR, DIST: HAVERI. 5. VEERANGOUDA S/O. KALLANGOUDA DYAMANGOUDAR, AGE: MAJOR, OCC: AGRICULTURE, R/O: MELLIGATTI, TAL: SAVANUR, - 3 - NC: 2024:KHC-D:6867 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 DIST: HAVERI. 6. GADIGEPAGOUDA S/O. KALLANGOUDA DYAMANGOUDAR, AGE: MAJOR, OCC: AGRICULTURE, R/O: MELLIGATTI, TAL: SAVANUR, DIST: HAVERI. 7. MAHADEVGOUDA S/O. KALLANGOUDA DYAMANGOUDAR, AGE: MAJOR, OCC: AGRICULTURE, R/O: MELLIGATTI, TQ: SAVANUR, DIST: HAVERI. …RESPONDENTS (BY SRI JEEVAN NEERALAGI AND SRI K.S.PATIL, ADVOCATE FOR R4(A) TO R7, C/R5; SRI P.N.HATTI, HCGP FOR R1 TO R3; SRI SHIVARAJ S. BALLOLI, ADVOCATE FOR R4(A TO C), R6 AND R7) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER VIDE ANNEXURE-C DATED 14/06/2010 PASSED BY THE LAND TRIBUNAL, DHARWAD IN KLR/MELLAGATTI/SR/29 AND ETC., IN WP.NO.64970/2010: BETWEEN: 1. KRISHNARAO S/O. VALLABHARAO KULKARNI, SINCE DEAD BY HIS LR’S. 1(a). DATTATREYA S/O. KRISHNARAO KULKARNI, SINCE DECEASED BY HIS LR. 1(a)(i) SURAJ D. KULKARNI, AGE: 26, OCC: AGRICULTURE, R/O: 2495, 10TH A MAIN, D BLOCK, - 4 - NC: 2024:KHC-D:6867 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 2ND STAGE, NEAR MAHAKAVI KUVEMPU, ROAD STATION, RAJAJINAGAR, VTC RAJAJINAGAR, DIST: BENGALURU. 2. FAKKIRAPPA S/O. UDACHAPPA TALWAR, SINCE DEAD BY HIS LR’S. 2(a) SRI HONNAPPA S/O. FAKKIRAPPA TALWAR, SINCE DECEASED BY HIS LR’S. 2(a)(i) UDACHAPPA S/O. HONNAPPA DURAGAPPANAVAR @ TALWAR, AGE: 39 YEARS, OCC: AGRICULTURE, R/O: MELLIGATTI, TQ: SAVANUR, DIST: HAVERI. 2(a)(ii) FAKKIRAVVA W/O. HONNAPPA DURAGAPPANAVAR @ TALAWAR, AGE: 73 YEARS, OCC: AGRICULTURE, R/O: MELLIGATTI, TQ: SAVANUR, DIST: HAVERI. 2(a)(iii) PARAVVA W/O. BASAVARAJ CHIGARI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: THALALLI, TQ: SAVANUR, DIST: HAVERI. 2(a)(v). VIJIYA W/O. SHEKAPPA TALAWAR, AGE: 41 YEARS, OCC: HOUSEHOLD, R/O: SINGAPUR, TQ: SHIGGAON, DIST: HAVERI. 2(b). SRI SHEKAPPA S/O. FAKKIRAPPA TALWAR, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: MELLIGATTI, TQ: SAVANUR, DIST: HAVERI. 2(c). SRI GIRIYAPPA S/O. FAKKIRAPPA TALWAR, - 5 - NC: 2024:KHC-D:6867 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 AGE: 45 YEARS, OCC: AGRICULTURE, R/O: MELLIGATTI, TQ: SAVANUR, DIST: HAVERI. …PETITIONERS [BY SRI F. V. PATIL, SRI NANDISH PATIL, AND SRI R.R.SHIVAPUR, ADVOCATES FOR P1(a)(i)) & P2(a)(i to v)] AND: 1. THE STATE OF KARNATAKA, RPTD. BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANASOUDHA, BENGALURU – 01. 2. THE LAND TRIBUNAL, DHARWAD, REPTD. BY ITS CHAIRMAN, DHARWAD. 3. THE ASSISTANT COMMISSIONER, SAVANUR, SUB-DIVISION, SAVANUR, DIST: HAVERI. 4. BASANGOUDA S/O. KALLANGOUDA DYAMANGOUDAR, SINCE DEAD BY HIS LR’S. 4(a). SMT. NAGAWWA W/O. BASANGOUDA DYAMANGOUDAR, AGE: MAJOR, OCC: AGRICULTURE, R/O: MELLIGATTI, Tq: SAVANUR, DIST: HAVERI. 4(b). SMT. SUBADRAMMA W/O. BASANGOUDA DYAMANGOUDAR, AGE: MAJOR, OCC: AGRICULTURE, R/O: MELLIGATTI, TAL: SAVANUR, DIST: HAVERI. 4(c). SRI. SHIVANGOUDA S/O. BASANGOUDA DYAMANGOUDAR @ HITTALAMANI, - 6 - NC: 2024:KHC-D:6867 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 AGE: MAJOR, OCC: AGRICULTURE, R/O: MELLIGATTI, Tq: SAVANUR, DIST: HAVERI. 5. VEERANGOUDA S/O. KALLANGOUDA DYAMANGOUDAR, AGE: MAJOR, OCC: AGRICULTURE, R/O: MELLIGATTI, TQ: SAVANUR, DIST: HAVERI. 6. GADIGEPAGOUDA S/O. KALLANGOUDA DYAMANGOUDAR, AGE: MAJOR, OCC: AGRICULTURE, R/O: MELLIGATTI, TQ: SAVANUR, DIST: HAVERI. 7. MAHADEVGOUDA S/O. KALLANGOUDA DYAMANGOUDAR, AGE: MAJOR, OCC: AGRICULTURE, R/O: MELLIGATTI, TQ: SAVANUR, DIST: HAVERI. 8. SMT. KAMALAWWA W/O. BASAVANEPPA GONEAMMANAVAR, SINCE DEAD BY HIS LR’S. 8(a) PUTTAWWA D/O. BASAVANEPPA GONEAMMANAVAR, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: MELLIGATTI, TQ: SAVANUR, DIST: HAVERI. 8(b) PAKIRAPPA S/O. B. GONEAMMANAVAR, AGE: 30 YEARS, OCC: AGRICULTURE, R/O: MELLIGATTI, TQ: SAVANUR, DIST: HAVERI. 8(c) RAMAPPA S/O. B. GONEAMMANAVAR, AGE: 28 YEARS, OCC: AGRICULTURE, R/O: MELLIGATTI, TQ: SAVANUR, DIST: HAVERI. - 7 - NC: 2024:KHC-D:6867 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 9. SOMANTHEVVA W/O. BASANTHAPPA SANNEKANAVAR, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: MELLIGATTI, TQ: SAVANUR, DIST: HAVERI. 10. HONNAWWA W/O. LAXMAPPA OLEKAR, AGE: 38 YEARS, OCC: AGRICULTURE, R/O: KADKOL, TQ: SAVANUR, DIST: HAVERI. 11. SMT. RATNAWWA DELETED AS PER COURT ORDER DATED 23.05.2012. 12. KUSUMAWWA W/O. MANTESHAPPA DODDAMANI, AGE: 34 YEARS, OCC: AGRICULTURE, R/O; KARADAGI, TQ: SAVANUR, DIST: HAVERI. 13. SMT. LAXMAWWA W/O. IRRAPPA OLEKAR, AGE: 32 YEARS, OCC: AGRICULTURE, R/O: KARADAGI, TQ: SAVANUR, DIST: HAVERI. …RESPONDENTS (BY SRI NEERALGI & PATIL & HEGDE, ADVOCATE FOR C/R5 & R4( A TO C), R6, R7; SRI P.N.HATTI, HCGP FOR R1 TO R3; R8(A TO C), R9, R10 ARE SERVED; R11 IS DELETED AS PER COURT ORDER DATED 23.05.2012, R12 AND R13 ARE SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER VIDE ANNEXURE-C DATED 14/06/2010 PASSED BY THE LAND TRIBUNAL, DHARWAD IN KLR/MELLAGATTI/SR/29 AND ETC., - 8 - NC: 2024:KHC-D:6867 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard learned counsel for the petitioners on I.A.No.1/2024 filed for recalling the order dated 12.03.2024. 2. Reasons assigned for recalling the order are not sufficient. However, I deem it appropriate to afford an opportunity to the petitioners to address his arguments on merits and therefore, I.A.No.1/2024 is allowed. Order dated 12.03.2024 is recalled. Petitions are restored on file. 3. Learned counsel for the petitioners prays for time to address his arguments on merits. Writ petitions are of the year 2010. Sufficient time is already granted and by assigning reasons, writ petitions were came to be dismissed for default i.e. for non prosecution on 12.03.2024. Thereafter, the application I.A.No.1/2024 was filed to recall the said order. 4. Even though the said order is recalled and the petitions were restored on file, learned counsel for the petitioners is not ready and willing to address his arguments but again he prays for time. I do not find any reason to adjourn - 9 - NC: 2024:KHC-D:6867 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 the matters. Hence, writ petitions are again dismissed for default i.e. for non prosecution. SD/- JUDGE AC/CT-ASC List No.: 1 Sl No.: 9