- 1 - HC-KAR NC: 2025:KHC:42228-DB WA No. 1113 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 1113 OF 2025 (LR) BETWEEN: 1. SRI H T CHANDRASHEKHARA S/O H.K. THIMMAIAH AGED ABOUT 72 YEARS, R/AT MAJARE HUGALAVALLI, BILUVE VILLAGE, KASABA HOBLI, TEERTHAHALLI TALUK, SHIVAMOGGA DISTRICT 577 232. …APPELLANT (BY SRI. VEERAYYA HIREMATH., ADVOCATE) AND: 1. R BHASKARA S/O B.R KRISHNAMURTHAIAH AGED 84 YEARS, BY HIS GPA HOLDER GURUPRASAD H.B AGED 54 YEARS S/O R. BHASKARA R/AT MAJARE HUGALAVALLI, BILUVE VILLAGE, KASABA HOBLI, TEERTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 232 2. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, AMBEDKAR VEEDDHI, BANGALORE-560001. 3. THE LAND TRIBUNAL TEERTHAHALLI, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42228-DB WA No. 1113 of 2025 REPRESENTED BY ITS SECRETARY TALUK OFFICE TEERTHAHALLI SHIVAMOGGA DISTRICT SHIVAMOGGA 577432 4. SRI. H.T KRISHNAIAH, S/O THIMMALAH, AGED ABOUT MAJOR, R/AT MAJARE HUGALAVALLI, BILUVE VILLAGE, KASABA HOBLI, TEERTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 232 VENKAMMA, W/O VENKATARAMANAJAH, (SINCE DECEASED) 5. SRI. B A RAGHAVENDRA S/O LATE ACHUTHAYYA, AGED ABOUT 56 YEARS, R/AT BHARATHIPURA VILLAGE AND POST, TEERTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 232 6. SRI. RAMAIAH GOWDA S/O HIRIYANNA GOWDA AGED ABOUT MAJOR, R/AT MAJARE HUGALAVALLI, BILUVE VILLAGE, KASABA HOBLI, TEERTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 232 7. SRI.H.H MANJAPPA S/O HIRIYANNA GOWDA. AGED ABOUT MAJOR, R/AT MAJARE HUGALAVALLI, BILUVE VILLAGE, KASABA HOBLI, TEERTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 232 8. SRI.H.H. NAGESHA S/O HIRIYANNA GOWDA - 3 - HC-KAR NC: 2025:KHC:42228-DB WA No. 1113 of 2025 AGED ABOUT MAJOR, R/AT MAJARE HUGALAVALLI, BILUVE VILLAGE, KASABA HOBLI, TEERTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 232 9. SRI. H. E. RAMADASA S/O BHARMAIAH GOWDA AGED ABOUT MAJOR, R/AT MAJARE HUGALAVALLI, BILUVE VILLAGE, KASABA HOBLI, TEERTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 232 10. THE ASSISTANT DIRECTOR OF LAND RECORDS, TALUK OFFICE, TEERTHAHALLI -577 342 11. THE REVENUE INSPECTOR KASABA HOBLI, TALUK OFFICE, TEERTHAHALLI - 577 342 …RESPONDENTS (BY SRI. M.N.SUDEV HEGDE, AGA FOR R-2, R-3, R-10 & R-11) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO,SET ASIDE THE ORDER DATED 28/01/2025 PASSED BY THIS HONBLE COURT IN WP NO.14827/2023 AND GRANT SUCH OTHER RELIEF AND ALLOW THE WRIT APPEAL WITH COST. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K - 4 - HC-KAR NC: 2025:KHC:42228-DB WA No. 1113 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal has been filed impugning the judgment and order dated 28.01.2025 passed by learned Single Judge in W.P.No.14827/2023. 2. The petitioner/respondent No.1 in the present appeal, is the adjoining land owner of Sy.No.73 measuring 3 acre 14 guntas, filed the writ petition impugning the order of the Land Tribunal, Teerthahalli. The occupancy rights were got settled in favour of Ramaiah Gowda and H.K.Thimmaiah vide order dated 26.11.1977 in respect of the land to an extent of 3 acres 22 guntas in Sy.No.73 and 5 acres 15 guntas in favour of H.K.Thimmaiah respectively in the said survey. The legal heirs of these two persons in whose favour the occupancy rights were settled have filed an application seeking rectification of the order dated 26.11.1977. The application seeking rectification of the order was filed in the year 2022 i.e, after 45 years from the date when the Tribunal passed the order on - 5 - HC-KAR NC: 2025:KHC:42228-DB WA No. 1113 of 2025 26.11.1977. The Tribunal, vide order dated 23.03.2023 allowed the said application. 3. The learned Single Judge having considered this aspect of the matter that the application for rectification came to be filed after 45 years from the date of the original order i.e., 26.11.1977, held that the Tribunal had only limited power to rectify any clerical or arithmetical mistake as per the proviso 2 sub clause (6) of Section 48A of the Karnataka Land Reforms Act, 1961, and the land Tribunal does not have power to review its order after full fledged hearing once the earlier order has attained finality. Therefore, the learned Single Judge allowed the writ petition on both grounds that the belated application after 45 years was not maintainable and the Tribunal went beyond its jurisdiction for reopening the original order/proceedings which got finality way back in the year 1977. - 6 - HC-KAR NC: 2025:KHC:42228-DB WA No. 1113 of 2025 4. Having considered the impugned judgment, we do not find that there is any error of law or facts which requires an interference by this Court. Therefore, the writ appeal stands dismissed. Sd/- (D K SINGH) JUDGE Sd/- (RAJESH RAI K) JUDGE RKA List No.: 1 Sl No.: 8