- 1 - HC-KAR NC: 2025:KHC-D:15292 WP No. 109701 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.109701 OF 2016 (LR) BETWEEN: 1. DAVID S/O COSTA GUDINO, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: H.NO.2791, PADRIBAG, POST: NANDANGADDA, BAAD, KARWAR, DIST: UTTARA KANNADA-581 304. 2. XAVIER S/O COSTA GUDINO, AGE: 49 YEARS, OCC: AGRICULTURE, R/O: H.NO.2791, PADRIBAG, POST: NANDANGADDA, BAAD, KARWAR, DIST: UTTARA KANNADA-581 304. 3. SMT. GARMELIN B. PERIERA, AGE: 61 YEARS, OCC: AGRICULTURE, R/O: H.NO.2791, PADRIBAG, POST: NANDANGADDA, BAAD, KARWAR, DIST: UTTARA KANNADA-581 304. … PETITIONERS (BY SRI. GIRISH A. YADAWAD, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15292 WP No. 109701 of 2016 REVENUE DEPARTMENT, MULTI STORIED BUILDING, BENGALURU-560 001. 2. THE LAND TRIBUNAL, KARWAR, REPRESENTED BY ITS SECRETARY, TAHASILDAR, KARWAR TALUKA, KARWAR, DIST: UTTARA KANNADA-581 301. 3. SUNKERI CHURCH, BAAD, REPRESENTED BY ITS BISHOP, SUNKERI, KARWAR, DIST: UTTARA KANNADA-581 305. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 AND R2; NOTICE TO R3 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY SUCH WRIT OR DIRECTION TO QUASH AND MODIFY THE IMPUGNED ORDER DATED 07.08.1976 PASSED BY THE LAND TRIBUNAL, KARWAR, IN CASE NO. n.J£ï.¹:JªÉÄ.¸À.¹-J¸ïDgï:5823(b)VIDE ANNEXURE-C IN SO FAR AS IT RELATES TO GRANT OF OCCUPANCY RIGHTS IN RESPECT OF SY. NO.606/1 OF BAAD VILLAGE IN KARWAR TALUKA AND DIRECT THE LAND TRIBUNAL, KARWAR TO GRANT OCCUPANCY RIGHTS TO THE PETITIONERS IN RESPECT OF THE REMAINING EXTENT OF 11 GUNTAS IN SY. NO.606/1 OF BAAD VILLAGE IN KARWAR TALUKA, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15292 WP No. 109701 of 2016 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing the order passed by the Land Tribunal to the extent of rejecting petitioners’ claim in respect of Survey No.606/3 for 13 guntas as shown in the Form No.7, wherein, the Land Tribunal has granted occupancy right in respect of 2-Guntas. 2. Learned counsel for the petitioners would submit that the respondent-landlord has not contested the matter before the Land Tribunal. The respondent- landlord is served with the notice before this Court and he has not chosen to contest the matter. 3. Learned Additional Government Advocate appearing for the respondent-State would defend the impugned order. 4. Inviting the attention of the Court to the record of right pertaining to Surrey No.606 of Baad Village, - 4 - HC-KAR NC: 2025:KHC-D:15292 WP No. 109701 of 2016 Karwar Taluk, it is submitted that, name of the Form No.7 applicant-Costa Farasik Gundin is recorded as a tenant in respect of 8-guntas and 13- Anas. This entry in the record of right continued upto 2003-2004. What is relevant is whether the tenant was in possession of the property and cultivating the property lawfully as a tenant immediately before 01.03.1974. The record of right from the year 1951 to 01.03.1974, would support the petitioners’ contention. 5. Before the Land Tribunal, the landlord had not filed any objection and had not contested the matter. 6. The Land Tribunal granted occupancy rights in respect of Survey No. 631/2 measuring 1-Acre 14- Guntas, for which there was also a Form No.7 application. 7. However, when it came to Survey No.606/1, instead of granting 8-Guntas 13-Anas, it granted - 5 - HC-KAR NC: 2025:KHC-D:15292 WP No. 109701 of 2016 only 2-Guntas. For what reason it granted only 2- Guntas and for what reason the claim is rejected in respect of remaining extent, is not forthcoming. 8. As already noticed, the record of right would indicate the applicant’s name to the extent of 8- Guntas 13-Anas in Survey No.606/1 of Baad Village, Taluk Karwar. 9. This being the position, the impugned order to the extent of rejected claim has to be set-aside. The petitioners are not entitled to grant of occupancy in respect of 13-guntas as claimed. However, the petitioners are entitled to grant of occupancy to the extent of 8-Guntas and 13 Anas. 10. Hence, the following: ORDER i. Writ petition is allowed-in-part. - 6 - HC-KAR NC: 2025:KHC-D:15292 WP No. 109701 of 2016 ii. Impugned order dated 07.08.1976 passed by Land Tribunal, Karwar at Annexure-C is set-aside to the extent of rejecting petitioners’ claim to the extent of 6-Guntas 13-Anas, as 2-Guntas is granted. iii. The matter is remitted to the Land Tribunal to issue Form No.10 in respect of Surrey No.606/1 of Baad Village to the extent of 6-Guntas 13-Anas, in addition 2 Guntas already granted. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 42