- 1 - HC-KAR NC: 2025:KHC-D:9518 WP No. 103100 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103100 OF 2025 (LR) BETWEEN: 1. SANKARAVVA W/O. BARMAPPA KAREKALLU, AGE. ABOUT 40 YEARS, OCC. AGRICULTURE, R/O. SEEMIKERI, DIST. BAGALKOT-587101. 2. NAGAVVA W/O. ASANGAPAP TALAWAR, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. SEEMIKERI, DIST. BAGALKOT-587101. 3. SHAVAKKA W/O. RAMAPPA BANDI, AGE. 34 YEARS, OCC. AGRICULTURE, R/O. SEEMIKERI, DIST. BAGALKOT-587101. 4. KALAVVA W/O. RUDRAPPA BANDI, AGE. 32 YEARS, OCC. AGRICULTURE, R/O. SEEMIKERI, DIST. BAGALKOT-587101. 5. MALLAVVA D/O. PANDAPPA ANGAWADI, AGE. 27 YEARS, OCC. AGRICULTURE, R/O. SEEMIKERI, DIST. BAGALKOT-587101. …PETITIONERS (BY SRIYUTHS. V.M. SHEELVANT, VINAY S.KOUJALAGI, R.K. SHEELVAT AND M.L. VANTI, ADVOCATES) AND: 1. THE LAND TRIBUNAL, BAGALKOT-587101 REPRESENTED BY ITS CHAIRMAN. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9518 WP No. 103100 of 2025 2. THE ASSISTANT DIRECTOR OF LAND RECORDS, BAGALKOT-587101. 3. TAHSILDAR, BAGALKOT-587101. …RESPONDENTS (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (I) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION AND QUASH THE ORDER DATED 18/3/1988 PASSED BY THE LAND TRIBUNAL, BAGALKOT IN CASE NO.KLRTSA.546/1985 PRODUCED AT ANNEXURE-K IN SO FAR AS SY.NO.16/1A/1 (NEW SY.NO.16/1AP2) MEASURING 4 ACRES OF SEEMIKERI VILLAGE, DIST. BAGALKOT IN THE INTEREST OF JUSTICE AND EQUITY. (II) ISSUE A WRIT IN THE NATURE OF MANDAMUS BY OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING TO RESPONDENTS TO MAKE A PODI IN RESPECT OF SY.NO.16/1A/1 (NEW SY NO.16/1AP2) MEASURING 4 ACRES SITUATED IN SEEMIKERI VILLAGE, DISTRICT BAGALKOT AND PREPARE SURVEY SKETCH ACCORDINGLY IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs. (i) issue a writ in the nature of certiorari or any other writ, order or direction and quash the order dated 18/3/1988 passed by the land tribunal, Bagalkot in case no.klrtsa.546/1985 produced at annexure-k in so far as sy.no.16/1a/1 (new sy.no.16/1ap2) measuring 4 acres of Seemikeri village, dist. Bagalkot in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC-D:9518 WP No. 103100 of 2025 (ii) issue a writ in the nature of mandamus by or any other appropriate writ, order or direction, directing to respondents to make a podi in respect of sy.no.16/1a/1 (new sy no.16/1ap2) measuring 4 acres situated in seemikeri village, district Bagalkot and prepare survey sketch accordingly in the interest of justice and equity. iii) grant any other order or directions as this Hon’ble Court may deems fit in the facts and circumstance of the case & in the interest of justice and equity. 2. The very short grievance of the petitioners is that the petitioners’ grandfather Mareppa Doddaningappa Marennavar was a tenant of the lands bearing Sy. No.147/5A measuring 4-acres and Sy.No.16/1A/1 measuring 4-acres situated at Simikeri village, Dist: Bagalkot. An application having been filed before the Land Tribunal, in terms of the order dated 08.11.1974, occupancy rights were granted to him and Form-VII was issued on 28.11.1975. 3. The petitioners’ grandfather and thereafter, the petitioners were continued to enjoy the said properties. When an application for Phodi had been submitted, they came to know that the Land tribunal had, vide order dated 18.03.1988, without issuing any - 4 - HC-KAR NC: 2025:KHC-D:9518 WP No. 103100 of 2025 notices to the petitioners, cancelled the grant of occupancy right. It is challenging the same, the petitioners are before this Court seeking for the aforesaid reliefs. 4. Shri V.M.Sheelvant., learned counsel appearing for the petitioners would submit that the order dated 18.03.1988 at Annexure-K violates all principles of natural justice and as such, it is required to be set- aside. 5. Learned Additional Government Advocate for respondents – State, however, contended that there is a delay of 37 years in filing the above petition. 6. Though there is a delay of 37 years in filing the petition, what is required to be considered is that the impugned order dated 18.03.1988 was passed without a notice to the petitioners, and the petitioners came to know about it, only when the petitioners received a letter dated 14.08.2024, when Phodi was requested for by the petitioners. In that view of the matter, it cannot be said that there is any delay. - 5 - HC-KAR NC: 2025:KHC-D:9518 WP No. 103100 of 2025 7. Secondly, the impugned order to 18.03.1988 has been passed without issuance of notices, cancelling a grant made, which impinges upon the right of the petitioners, and thereby, violating all principles of national justice. As such, I pass the following: ORDER i) The writ petition is allowed. ii) A certiorari is issued. The order dated 18.03.1988 passed by respondent No.1/Land Tribunal at Annexure-K, is quashed. iii) Liberty is however reserved to the respondents to take such action as may be permissible under law by following the due process of law. iv) In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- CT: UMD List No.: 1 Sl No.: 7