- 1 - HC-KAR NC: 2025:KHC:48123 WP No. 15981 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 15981 OF 2017 (LR) BETWEEN: 1. BALAMMA, AGED ABOUT 75 YEARS 2. VANAJA, AGED ABOUT 50 YEARS, 3. JANAKI AGED ABOUT 48 YEARS, 4. SHAKUNTHALA AGED ABOUT 45 YEARS, 5. DEVAKI AGED ABOUT 44 YEARS, 6. GULABI AGED ABOUT 42 YEARS, 1ST PETITIONER IS THE WIFE AND PETITIONERS 2 TO 6 ARE CHILDREN OF LATE GOVINDA SHERIGAR, ALEVOOR VILLAGE, UDUPI TALUK, P.O. ALEVOOR-576 101, UDUPI DISTRICT. …PETITIONERS (BY SRI. VYASA RAO K.S, ADVOCATE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48123 WP No. 15981 of 2017 AND: 1. THE LAND TRIBUNAL UDUPI, BY ITS SECRETARY & SPECIAL TAHSILDAR, UDUPI-576 101. 2. RAGHAVA SHERIGAR MAJOR, S/O. NARAYANA SHERIGAR, ALEVOOR VILLAGE, UDUPI TALUK, P.O. ALEVOOR-576 101, UDUPI DISTRICT. 3. THE STATE OF KARNATAKA REPRESENTED BY REVENUE SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. …RESPONDENTS (BY SRI. NEELAKANTAPPA K PUJAR, HCGP FOR R1 & 3 SRI. H JAYAKARA SHETTY, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 28.10.2016 PASSED BY R-1 AT ANNEX-A; ISSUE A WRIT IN THE NATURE OF MANDAMUS OF ANY OTHER ORDER OR DIRECTION REQUIRING THE R-1 TO AFFORD A REASONABLE OPPORTUNITY TO LEAD EVIDENCE AND ALSO TO CROSS EXAMINE THE CONTESTING PARTIES. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:48123 WP No. 15981 of 2017 ORAL ORDER This writ petition is filed by the petitioners seeking writ of certiorari to quash the impugned order dated 28.10.2016 passed by respondent No.1 in LRY:2A-85-23-TRI-20/81-82 as per Annexure-A and for a direction to respondent No.1 to afford a reasonable opportunity to lead evidence and also to cross- examine the contesting parties. 2. The grievance of the petitioners that originally one Govinda Sherigar has filed Form No.2A in respect of land bearing Sy.No.40/9 measuring 15 cents at Alevoor Village, Udupi Taluk. Originally, respondent No.1 had granted the land in question in favour of late Narayana Sherigar and the said order was challenged by the husband of petitioner No.1 and father of other petitioners namely Govinda Sherigar before this Court in W.P.No.28021/2001 and the Coordinate Bench of this Court remanded the matter on 22.03.2006 for fresh enquiry of rival claims. 3. Accordingly, the enquiry was conducted by the Land Tribunal in respect of rival claims. In the meantime, Govinda Sherigar, the husband of petitioner No.1 and father of other - 4 - HC-KAR NC: 2025:KHC:48123 WP No. 15981 of 2017 petitioners has died on 30.01.2016. Accordingly, the petitioners have filed application under Section 151 read with Order I Rule 10 of CPC to implead themselves as legal representatives of deceased Govinda Sherigar. 4. Despite granting sufficient opportunity, the petitioners remained absent before the Tribunal. As such, pending consideration of the said application, the Tribunal dismissed the claim of the petitioners for non-prosecution and cross-objection was also closed and the matter was posted for arguments, against which this writ petition is filed. 5. I have heard the learned counsel for the respective parties and also perused the impugned proceedings in LRY:2A- 85-23-TRI-20/81-82. 6. As could be gathered from the records, the original grantee Govinda Sherigar has died on 30.01.2016 and thereafter, petitioner No.1, being the wife and other petitioners, being the children, have filed the necessary application before the Tribunal for impleadment. No doubt, the petitioners had not conducted the case and remained absent before Tribunal, despite granting sufficient opportunity. Nevertheless, since the - 5 - HC-KAR NC: 2025:KHC:48123 WP No. 15981 of 2017 impleading application of the petitioners are pending for consideration before the Tribunal, the Tribunal ought to have considered the same and extended an opportunity to the petitioners to pursue their case. 7. In that view of the matter, I am of the considered view that the matter requires re-consideration at the hands of the Tribunal. Accordingly, the writ petition succeeds. The order dated 28.10.2016 passed by respondent No.1 in No.LRY:2A-85- 23-TRI-20/81-82 is quashed. The matter is remitted to the Land Tribunal, Udupi Taluk for fresh consideration of the rival claims. 8. It is needless to say that the Tribunal has to consider the I.A. filed by the petitioners for impleadment and shall extend an opportunity to the parties and thereafter dispose of the matter as expeditiously as possible. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 32