- 1 - HC-KAR NC: 2025:KHC:43832 WP No. 25303 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 25303 OF 2022 (KLR-RES) BETWEEN: 1. NINGEGOWDA S/O LATE SUBBEGOWDA, AGED ABOUT 70 YEARS, R/AT. MAKAVALLI, KASABA HOBLI, K.R.PET TALUK, MANDYA DISTRICT - 571426. 2. K. G. HUCCHEGOWDA S/O LATE GIRIGOWDA, AGED ABOUT 87 YEARS, R/AT KARODI, K.R.PET TALUK, MANDYA DISTRICT - 571426. 3. NAGARAJEGOWDA S/O LATE LAKKEGOWDA, AGED ABOUT 73 YEARS, R/AT MAKAVALLI, KASABA HOBLI, K.R.PET TALUK, MANDYA DISTRICT - 571426. BOREGOWDA S/O LATE KALEGOWDA, SINCE DEAD BY LRS Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43832 WP No. 25303 of 2022 4. KUMAR S/O BOREGOWDA, AGED ABOUT 55 YEARS, R/AT MAKAVALLI, KASABA HOBLI, K.R.PET TALUK, MANDYA DISTRICT - 571426. 5. JANAIAH S/O CHELUVAIAH, AGED ABOUT 70 YEARS, R/AT MAKAVALLI, KASABA HOBLI, K.R.PET TALUK, MANDYA DISTRICT - 571426. 6. NINGAPPA S/O LATE KARIYAPPA SINCE DEAD BY LRS YOGAMURTHY S/O NINGAPPA, AGED ABOUT 40 YEARS, R/AT MAKAVALLI, KASABA HOBLI, K.R.PET TALUK, MANDYA DISTRICT - 571426. 7. M. S. DEVEGOWDA S/O SANNANKEGOWDA, AGED ABOUT 82 YEARS, R/AT MAKAVALLI, KASABA HOBLI, K.R.PET TALUK, MANDYA DISTRICT - 571426. 8. PUTTAPPA S/O BASAPPA, AGED ABOUT 50 YEARS, - 3 - HC-KAR NC: 2025:KHC:43832 WP No. 25303 of 2022 R/AT MAKAVALLI, KASABA HOBLI, K.R.PET TALUK, MANDYA DISTRICT - 571426. 9. M. K. SUBBEGOWDA S/O KALEGOWDA SINCE DEAD BY LRS M. S. MANJU GOWDA S/O KALEGOWDA, AGED ABOUT 45 YEARS, R/AT MAKAVALLI, KASABA HOBLI, K.R.PET TALUK, MANDYA DISTRICT - 571426. 10. ANNEGOWDA S/O LATE DEVEGOWDA, AGED ABOUT 66 YEARS, R/AT MAKAVALLI, KASABA HOBLI, K.R.PET TALUK, MANDYA DISTRICT - 571426. …PETITIONERS (BY SRI. PAVANA CHANDRA SHETTY H., ADVOCATE) AND: 1. PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560001. 2. DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA - 571426. - 4 - HC-KAR NC: 2025:KHC:43832 WP No. 25303 of 2022 3. ADDITIONAL DEPUTY COMMISSIONER, DEPUTATION OFFICER (FORM - 7A), DEPUTY COMMISSIONER OFFICE, MANDYA DISTRICT, MANDYA - 571426. 4. ASSISTANT COMMISSIONER, PANDVAPURA SUB DIVISION, PANDAVAPURA, MANDYA DISTRICT - 571426. 5. TAHSILDAR, K.R.PET TALUK, MANDYA DISTRICT - 571426. 6. SPL TAHSILDAR (RECOVERY), KARNATAKA RAJYA KHADI MATTHU GRAMAUDYOGA MANDALI, 1ST FLOOR, CHAMARAJA TECHNICAL, INSTITUTION BUILDING, DISTRICT INDUSTRIAL CENTRE, SAYYAJI RAO ROAD, MYSORE - 570001. 7. S. M. MAHABALA SHARMA, AGED ABOUT 72 YEARS, S/O LATE K SRIKANTAIAH, KIKKERI VILLAGE AND HOBLI, K.R.PET TALUK, MANDYA DISTRICT - 571426. 8. K. S. GANESH RAO, AGED ABOUT 66 YEARS, S/O LATE K SRIKANTAIAH, KIKKERI VILLAGE AND HOBLI - 5 - HC-KAR NC: 2025:KHC:43832 WP No. 25303 of 2022 K.R.PET TALUK, MANDYA DISTRICT - 571426. 9. K. S. PRABHAKAR, AGED ABOUT 64 YEARS, S/O LATE K SRIKANTAIAH, KIKKERI VILLAGE AND HOBLI, K.R.PET TALUK, MANDYA DISTRICT - 571426. …RESPONDENTS (BY SRI. SPOORTHY HEGDE, HCGP FOR R1 TO R6; SRI. M.K. SHIVARAJU, ADVOCATE FOR R7 TO R9) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER IN NO.R.MISC(K)93/2021-22 PASSED BY THE R4 ASSISTANT COMMISSIONER DATED 08.11.2022 THEREBY DIRECTED TO THE R5 TAHSILDAR, K.R.PET TALUK TO REGISTERED KATHA IN THE NAME OF K.S GANESH RAO/ R8 TO THE LAND BEARING SY.NO.49, MEASURING 3.9 GUNTAS, SITUATED AT MANIKYANAHALLI VILLAGE, KIKKERI HOBLI, K.R.PET TALUK, MANDYA DISTRICT PRODUCED AS ANNEXURE- A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 6 - HC-KAR NC: 2025:KHC:43832 WP No. 25303 of 2022 ORAL ORDER The petition has been filed calling in question correctness of the order of the Assistant Commissioner in case No.R(Misc).93/2021-22, whereby the Assistant Commissioner in an appeal filed by Ganesh Rao, S/o Late Srikantaiah had directed that the katha has to be transferred into the name of Jayamma, W/o Srikantaiah with respect to an extent of 3 acres 09 guntas in Sy.No.49 of Manikyanahalli Village, Kikkeri Hobli, K.R.Pet Taluk, Mandya District. The petitioners have also sought for a direction to respondent No.3 to consider the representation dated 28.11.2022. 2. The undisputed facts are that the petitioners were recipients of occupancy rights pursuant to order of the Tribunal in LRF.1758, 57, 60, 61, 63, 64, 65, 66 and 1769/75-76. In terms of the order at Annexure-R5, an extent has been granted to the petitioners, who were claimants before the Tribunal. - 7 - HC-KAR NC: 2025:KHC:43832 WP No. 25303 of 2022 3. Both sides state that the extent granted to the claimants in terms of the order of the Land Tribunal was an extent of 10 guntas each. It is further submitted that the Tribunal had granted occupancy rights with respect to the extent of 2 acres 10 guntas in Sy.No.49. 4. Insofar as the remaining claim of the petitioners, it is stated that they have filed Form-7A and in an earlier round of litigation, matter has been remanded back for fresh consideration by an order passed in appeal before the Tribunal, which aspect is also not disputed by both sides. The orders passed before the Karnataka Appellate Tribunal are enclosed at Annexure-E series. 5. The petitioner is aggrieved by the order passed by the Assistant Commissioner insofar as the direction to effect katha is made with respect to the entire extent of 3 acres 9 guntas in Sy.No.49. 6. Both sides submit that insofar as an extent of 2 acres 10 guntas out of Sy.No.49, the revenue entries to an - 8 - HC-KAR NC: 2025:KHC:43832 WP No. 25303 of 2022 extent of 2 acres 10 guntas may be made in the name of such of those who have conferred with occupancy rights. Such assertion of both sides requires acceptance. 7. Learned Additional Government Advocate also submits that in light of the order of conferment of occupancy rights enclosed at Annexure-R5 with respect to the extent of 2 acres 10 guntas in Sy.No.49, the revenue entries are required to be made and retained in the name of those in whose name occupancy rights have been conferred. 8. The petitioners' grievance is with respect to revenue entries for the remaining property which now stands in the name of Jayamma W/o Srikantaiah with respect to the remaining extent in Survey No.49 i.e. 3 acres, which claim is pending consideration before the Land Tribunal with respect to the Form-7A. Insofar as the extent of land remaining in Sy.No.49, after reducing the same with respect to the extent of 2 acres 10 guntas - 9 - HC-KAR NC: 2025:KHC:43832 WP No. 25303 of 2022 granted by way of occupancy rights by the Tribunal in the year 1981, the proceedings regarding the claim of Form-7A is still pending consideration. 9. It would be appropriate to direct that the revenue entry should stand in the name of the landlord shown as on the date of filing Form-7A in the revenue records. Accordingly, the order at Annexure-A is set aside and necessary entries to be made in terms of the observations made above namely: 1) The entries would be made in the revenue records including katha as regards an extent of 2 acres 10 guntas in Sy.No.49 in the names of those who are conferred with the occupancy rights. 2) Insofar as the remaining portion of extent of land in Sy.No.49 which is the subject matter of claim under Form-7A, the name of the landlord shown in Form-7A to be entered. - 10 - HC-KAR NC: 2025:KHC:43832 WP No. 25303 of 2022 10. Such entry as regards the remaining extent of land in Sy.No.49 i.e. 3 acres, would needless to state be subject to the outcome of proceedings that are pending before the Land Tribunal. 11. Both parties to maintain status-quo regarding possession as regards the remaining extent of land in Sy.No.49 which is now pending consideration before the Land Tribunal and not to create third party rights till proceedings are concluded. 12. The total extent of land in Sy.No.49 is 7 acres 13 guntas, out of which 2 acres 10 guntas was subject matter of the proceedings before the Tribunal in Form-7 and an extent of 2 acres 10 guntas has been granted. Out of the remaining extent of 5 acres 3 guntas, an extent of 1 acre 30 guntas has been sold and the remaining extent of 3 acres is the subject matter of claim under Form-7A and accordingly, the RTCs with respect to the extent of 3 acres - 11 - HC-KAR NC: 2025:KHC:43832 WP No. 25303 of 2022 is required to be in the name of the landlord shown in the Form-7A application. 13. Insofar as the prayer relating to request for constitution of Land Tribunal, in light of the proceedings pending as noticed above, the State Government to take appropriate steps for constitution of the Land Tribunal within six months. Accordingly, the petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR