- 1 - NC: 2025:KHC-D:4632 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 64971 OF 2010 (LR-) C/W WRIT PETITION NO. 64970 OF 2010 IN WP NO.64971/2010 BETWEEN: 1. KRISHNARAO S/O. VALLABHARAO KULKARNI, SINCE DEAD BY HIS LRS. 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: BENAGLURU. 2. SANGANGOUDA S/O. BASANAGOUDA LAKKANGOUDAR, AGE: 58 YEARS, OCC: AGRICULTURE, R/O. MELLIGATTI, TAL. SAVANUR, DIST. HAVERI. …PETITIONERS (BY SMT. PALLAVI PACHCHAPURE, ADV FOR SRI. F.V. PATIL, ADV.) AND: 1. THE STATE OF KARNATAKA, RPTD. BY ITS SECRETARY, REVENUE DEPARTMENT, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:4632 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 VIDHANA SOUDHA, BANGALORE-01 2. THE LAND TRIBUNAL, DHARWAD, RPTD. 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, TAL: 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 @ HITHALAMANI, AGE: MAJOR, OCC: AGRICULTURE, R/O: MELLIGATTI, TAL. SAVANUR, DIST. HAVERI. 5. VEERANGOUDA S/O. KALLANGOUDA DYAMANGOUDAR, AGE: MAJOR, OCC: AGRICULTURE, R/O: MELLIGATTI, TAL. SAVANUR, DIST. HAVERI. 6. GADIGEPAGOUDA S/O. KALLANGOUDA DYAMANGOUDAR, AGE: MAJOR, OCC: AGRICULTURE, - 3 - NC: 2025:KHC-D:4632 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 R/O: MELLIGATTI, TAL: SAVANUR, DIST: HAVERI. 7. MAHADEVGOUDA S/O. KALLANGOUDA DYAMANGOUDAR, AGE: MAJOR, OCC: AGRICULTURE, R/O: MELLIGATTI, TAL: SAVANUR, DIST: HAVERI. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1 TO R3; SRI. SHIVARAJ S. BALLOLI, ADV. FOR R4 (A TO C), R6 & R7) --- THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 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, IN THE INTEREST OF JUSTICE AND EQUITY. 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 YEARS, OCC: AGRICULTURE, R/O. 2495, 10TH A MAIN, D-BLOCK, 2ND STAGE, NEAR MAHAKAVI KUVEMPU ROAD STATION, RAJAJINAGAR, VTC RAJAJINAGAR, DIST:BENGALURU. 2. FAKKIRAPPA S/O. UDACHAPPA TALWAR SINCE DEAD BY HIS LR’S - 4 - NC: 2025:KHC-D:4632 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 2(a) SRI. HONNAPPA S/O FAKKIRAPPA TALWAR SINCE DECEASED BY HIS LR’S 2(a)(i) UDACHAPPA S/O. HONNAPPA DURAGAPPANAVAR @ TALAWAR, 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)(iv) CHANDRAPPA S/O. HONNAPPA DURAGAPPANAVAR @ TALAWAR, AGE: 43 YEARS, OCC: AGRICULTURE, R/O. MELLIGATTI, TQ: SAVANUR, DIST: HAVERI. 2(a)(v) VIJIYA W/O. SHEKAPPA TALAWAR AGE: 41 YEARS, OCC: HOUSEHOLD, R/O. SINGAPUR, TQ: SHIGGAON, DIST: HAVERI. - 5 - NC: 2025:KHC-D:4632 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 2(b) SRI. SHEKAPPA S/O. FAKKIRAPPA TALWAR, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: MELLIGATTI, TAL. SAVANUR, DIST. HAVERI. 2(c) SRI. GIRIYAPPA S/O. FAKKIRAPPA TALWAR, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: MELLIGATTI, TAL: SAVANUR, DIST: HAVERI. ...PETITIONERS (BY SMT. PALLAVI PACHCHAPURE, ADV FOR SRI. F.V. PATIL, ADV) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, REVENUE DEPT., VIDHANA SOUDHA, BANGALORE-01. 2. THE LAND TRIBUNAL DHARWAD, RPTD. 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. 4a. SMT. NAGAWWA W/O. BASANGOUDA DYAMANGOUDAR, AGE: MAJOR, OCC: AGRICULTURE, R/O: MELLIGATTI, - 6 - NC: 2025:KHC-D:4632 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 TAL: SAVANUR, DIST. HAVERI. 4b. SMT. SUBADRAMMA W/O. BASANGOUDA DYAMANGOUDR, AGE: MAJOR, OCC: AGRICULTURE, R/O: MELLIGATTI, TAL: SAVANUR, DIST. HAVERI. 4c. SRI. SHIVANGOUDA S/O. BASANGOUDA DYAMANGOUDAR @ HITHALAMANI, AGE: MAJOR, OCC: AGRICULTURE, R/O: MELLIGATTI, TAL: SAVANUR, DIST. HAVERI. 5. VEERANGOUDA S/O. KALLANGOUDA DYAMANGOUDAR, AGE: MAJOR, OCC: AGRICULTURE, R/O: MELLIGATTI, TAL. SAVANUR, 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, TAL. SAVANUR, DIST. HAVERI. - 7 - NC: 2025:KHC-D:4632 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 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, TAL. SAVANUR, DIST. HAVERI. 8.b) PAKIRAPPA S/O. B. GONEAMMANAVAR, AGE: 30 YEARS, OCC: AGRICULTURE, R/O: MELLIGATTI, TAL: SAVANUR, DIST. HAVERI. 8.c) RAMAPPA S/O. B. GONEAMMANAVAR, AGE: 28 YEARS, OCC: AGRICULTURE, R/O: MELLIGATTI, TAL: SAVANUR, DIST: HAVERI. 9 SOMANTHEVVA W/O. BASANTHAPPA SANNEKANAVAR AGE: 40 YEARS, OCC: AGRICULTURE, R/O: MELLIGATTI, TAL: SAVANUR, DIST. HAVERI. 10 HONNAWWA W/O. LAXMAPPA OLEKAR, AGE: 38 YEARS, OCC: AGRICULTURE, R/O: KADKOL, TAL. SAVANUR, DIST. HAVERI. - 8 - NC: 2025:KHC-D:4632 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 11 SMT. RATNAWWA (DELETED AS PER THE COURT ORDER DATED 23.05.2017) 12 KUSUMAWWA W/O. MANTESHAPPA DODDAMANI, AGE: 34 YEARS, OCC: AGRICULTURE, R/O: MANTAGANI, TAL: SAVANUR, DIST. HAVERI. 13 SMT. LAXMAWWA W/O. IRAPPA OLEKAR, AGE: 32 YEARS, OCC: AGRICULTURE, R/O: KARADAGI, TAL. SAVANUR, DIST. HAVERI. ….RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1 TO R3; R8(A) TO R8(C), R9, R10, R12 & R13 ARE SERVED R11 DELETED (V/O DATED 23.05.2012; SRI. SHIVARAJ S. BALLOLI, ADV FOR R4 (A TO C), R6 & R7; SRI. NEERALGI & PATIL & HEGDE, ASSOCIATES FOR C/R5, R4 (A TO C), R6 & R7) ------ THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 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 IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING: - 9 - NC: 2025:KHC-D:4632 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER 1. The petitioners have filed these petitions, seeking issuance of writ in the nature of Certiorari to quash the impugned order dated 14.06.2010, passed by the Land Tribunal, Dharwad, produced as per Annexure-C, granting occupancy right in favor of respondents No.4 to 7. 2. Heard Smt.Pallavi Pachchapure for Sri. F. V. Patil, learned counsel for the petitioners, Sri.T. Hanumareddy, learned AGA for respondents Nos.1 to 3, Sri.Shivaraj S. Balloli, learned counsel respondents No.4(a to c) and respondents No.6 and 7, and Sri.Hegde Neeralagi and Patil Associates, learned counsel for respondent No.5. Perused the materials on record. 3. It is the contention of the learned counsel for the petitioners that, Krishnarao Kulkarni was the original owner of Block No.43, totally measuring 22 Acres 33 - 10 - NC: 2025:KHC-D:4632 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 Guntas situated at Melligatti Village, Savanur Taluk, Haveri District. He was cultivating the land personally. He died on 08.10.1988. During the lifetime of Krishnarao, one Basangouda Kallangouda Dyamangoudar - respondent No.4, filed Form No.7 claiming occupancy right over the said land. When the matter was enquired by the Land Tribunal, the land in question appears to have been purchased by respondent No.2 under two different sale deeds, dated 03.03.1975. 4. Petitioner No.2 in Writ Petition No.64970/2010, is said to have purchased 15 acres of land, while petitioner No.2 in Writ Petition No.64971/2010 is said to have purchased 8 acres of land. The Land Tribunal held an enquiry and passed the impugned order as per Annexure-C, conferring occupancy right in favor of respondents No.4 to 7, being the legal representatives of deceased Basangouda Kallangouda Dyamangoudar, holding that they are occupants in possession of the - 11 - NC: 2025:KHC-D:4632 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 land as tenants, who are entitled for confirmation of occupancy rights. The petitioners have filed these petitions challenging the said order, produced as per Annexure-C. 5. The first ground urged by the learned counsel for the petitioners is that the order as per Annexure-C is passed against a dead person. It is stated that Krishna Vallabh Rao Kulkarni died on 8.10.1988. The order produced as per Annexure-C was dated 14.06.2010. In the order at Annexure-C, the Tribunal has shown Krishna Vallabhrao Kulkarni as ‘deceased’. But his legal representatives were not brought on record even though the statements of the applicants were recorded by the Land Tribunal. It is not the contention of the applicants that Krishna Vallabhrao Kulkarni or his legal representatives have sold the entire extent of land in favour of petitioner No.2, and therefore it was not necessary to bring his legal representatives. The Tribunal has also not made any observation as to why - 12 - NC: 2025:KHC-D:4632 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 the legal representatives of deceased Krishna Vallabhrao Kulkarni were not impleaded before passing of the impugned order. Therefore, apparently the order Annexure-C dated 14.06.2010 is passed against a dead person. Therefore, the same is non-est in the eye of law which requires to be set aside and the matter is liable to be remanded back to the Land Tribunal, Dharwad for fresh consideration, in accordance with law. 6. Hence, without referring to the other grounds urged by the petitioners and respondents, I deem it appropriate to allow the petition and to set aside the impugned order produced as per Annexure-C, in the interest of justice. Accordingly, I proceed to pass the following: ORDER i) The petition is allowed. - 13 - NC: 2025:KHC-D:4632 WP No. 64971 of 2010 C/W WP No. 64970 of 2010 ii) The impugned order produced as per Annexure-C dated 14.06.2010 passed by the Land Tribunal Dharwad, is set aside. iii) The matter is remanded back to the Tribunal, for fresh consideration after giving reasonable opportunity to both the parties to put forth their contentions. iv) Both the parties are directed to appear before the Land Tribunal, Dharwad on 16.04.2025, without waiting for fresh notice. v) The Land Tribunal, Dharwad is directed to dispose off the matter, in accordance with law, as expeditiously as possible. Sd/- (M.G.UMA) JUDGE gab / mkm CT:ANB List No.: 2 Sl No.: 6