- 1 - HC-KAR NC: 2026:KHC:12043 WP No. 18848 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 18848 OF 2025 (LR) BETWEEN: 1. SRI. N. KRISHNAREDDY S/O LATE. NARAYANA REDDY DEAD BY LRS K. BABU REDDY S/O.LATE.N KRISHNAREDDY AGED ABOUT 53 YEARS R/AT GORVIGERE VILLAGE GAYATHRI BIRCKS WORKS, BIDARAHALLI HOBLI, BANGALORE EAST TALUK 2. SMT. ANASUYAMMA W/O LATE.N KRISHNAREDDY AGED ABOUT 72 YEARS R/AT NO. 14, BHOOMI REDDY COLONY, BEHIND AYYAPPA TEMPLE, NEW TIPPASANDRA, BANGALORE-560 075 3. SMT.K GEETHA D/O LATE.N KRISHNAREDDY AGED ABOUT 51 YEARS R/AT NO.220, HANUMAPPA ROAD, NEW TIPPASANDRA, BANGALORE-560 075. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12043 WP No. 18848 of 2025 4. SMT.K ROOPA D/O LATE.N KRISHNAREDDY AGED ABOUT 48 YEARS. R/AT NO. 14, BHOOMI REDDY COLONY, BEHIND AYYAPPA TEMPLE, NEW TIPPASANDRA, BANGALORE-560 075. …PETITIONERS (BY SRI. S.N.ASHWATHANARAYANA., ADVOCATE FOR SRI. G R LAKSHMIPATHY REDDY., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY TO REVENUE DEPARTMENT MS. BUILDING, BANGALORE-560 001. 2. THE LAND TRIBUNAL BANGALORE EAST TALUK, BY ITS SECRETARY TO TAHASHILDHAR, KR.PURAM, BANGALORE. 3. SRI.ABDUL KHAYYUM S/O LATE. ABDUL SAMAD AGED ABOUT 73 YEARS R/AT NO. 13, BHOVI STREET HALASUR BANGALORE-560 008 SRI.AKBAR BASHA S/O LATE. ABDUL SAMAD SINCE DECEASED BY HIS LRS 4. BADUDDUJJA S/O LATE AKBAR BASHA - 3 - HC-KAR NC: 2026:KHC:12043 WP No. 18848 of 2025 AGED ABOUT 65 YEARS R/AT NO. 13, BHOVI STREET FRAZER TOWN, BANGALORE-560 005. 5. SRI.MANSOOR AHAMED S/O.LATE AKBAR BASHA AGED ABOUT 64 YEARS R/AT NO.66, 4TH MAIN ROAD, NEW BAGALUR LAYOUT, SAGAIPURAM, BANGALORE-560 045. 6. SMT. ALMAS BHANU W/O SAFI ULLA AGED ABOUT 54 YEARS R/AT NO.30, TIMMAIAH ROAD CROSS, NEHARU PURAM, NEAR MACCA MASIJID SHIVAJINAGAR BANGALORE-560 001 7. SRI.M.NATARAJA S/O LATE. MUNINARAYANAPPA AGED 46 YEARS R/AT KAJI SONNENAHALLY BIDARAHALLI HOBLI, BANGALORE EAST TALUK BNAGALORE-560 067 …RESPONDENTS (BY SRI.V.SESHU., HCGP FOR R1,R2 SRI.VIKRAM A HULIGOL., SR. COUNSEL FOR SRI.Y.ESHWARAPPA., ADVOCATE FOR R7 SRI. DIWAKAR K., SR. COUNSEL FOR SRI. AJAYKUMAR M., ADVCOATE FOR R3 TO R6) - 4 - HC-KAR NC: 2026:KHC:12043 WP No. 18848 of 2025 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R2 IN CASE NO. LRF (BEKS.87/79- 80 AND QUASH THE IMPUGNED ORDER DATED 24.04.2025 ANNEXURE - A BY ISSUING A WRIT OF CERTIORARI OR ANY OTHER WRIT IN THE ENDS OF JUSTICE AND FURTHER CONFIRM THE OCCUPANCY RIGHTS GRANTED BY THE LAND TRIBUNAL UNDER EARLIER ORDER DATED 25.11.1988 ANNEXURE-C AND GRANT AN INTERIM ORDER TO STAY THE IMPUGNED ORDER DATED 24.04.2025 MADE IN LRF (BE KS 87/79-80 BY THE R2 VIDE ANNEXURE –A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioners, who are the legal heirs of late N.Krishna Reddy, the applicant before the Land Tribunal in proceedings bearing No.LRF (E) KS 87/1979-80 are aggrieved of the impugned order passed by the Assistant Commissioner, Bangalore North Sub-Division and the Chairman of the Land Tribunal, Bangalore East Taluk. 2. Earlier, the 7th respondent herein filed W.P.No.32832/2009 calling in question the order dated 25.11.1988, passed by the Land Tribunal in the same proceedings. The 7th respondent herein contended that - 5 - HC-KAR NC: 2026:KHC:12043 WP No. 18848 of 2025 the applicant Sri N.Krishna Reddy had filed the application in Form No.7 against respondent No.3 and the predecessor in title of respondents No.4, 5 and 6 Sri Akbar Basha. Orders were passed by the Land Tribunal conferring occupancy rights in Survey No.143, of Khajisonenahalli, along with Survey No.137/1 and 137/2. It was contented by the respondent No.7 that survey No.143 belongs to Sri. T.Pujappa (the father of Respondent No.7) and therefore the legality and correctness of the orders passed by the Land Tribunal insofar as survey No.143 is concerned was questioned by the respondent No.7 before this Court. This Court by Order dated 27.02.2017 held that the impugned order insofar as the respondent No.7 is concerned was passed without hearing him. Accordingly, the order dated 25.11.1988 passed by the Land Tribunal was quashed and set aside only insofar as survey No.143 is concerned. The matter was remanded back to the Land Tribunal for reconsideration insofar as survey No.143 is concerned. - 6 - HC-KAR NC: 2026:KHC:12043 WP No. 18848 of 2025 Now, after the matter was remanded at the hands of this Court, the Land Tribunal has reconsidered the matter and has held that insofar as 6 acres and 15 guntas of land belonging to Sri T.Pujappa is concerned in Survey No.143, there was no application filed by the applicant and neither Sri T.Pujappa nor his legal heirs were parties to the proceedings earlier and therefore the Tribunal arrived at a conclusion that insofar as Survey No.143 measuring 6 acres and 15 guntas is concerned, since there is no application filed in Form No.7 as against Sri T.Pujappa or his legal heirs, the earlier order passed by the Tribunal in respect of Survey No.143 was held as bad in law. Nevertheless, the Tribunal has proceeded to reject the application even in respect of Survey No.137/1 measuring 1 acre 13 guntas and 137/2 measuring 2 acres 8 guntas. This is the reason why the petitioners are before this Court being aggrieved of that portion of the order where the occupancy rights granted earlier in respect of Survey No.137/1 and 137/2 has been rejected by the Tribunal. - 7 - HC-KAR NC: 2026:KHC:12043 WP No. 18848 of 2025 3. Learned Senior counsel Sri S.N.Ashwathanarayana appearing on behalf of the petitioners submits that the matter was remanded back to the Tribunal to reconsider the matter insofar as survey No.143 is concerned and there was no occasion for the Land Tribunal to reject the application insofar as survey Nos.137/1 and 137/2 are concerned. However, insofar as survey No.143 is concerned, it is the contention of the petitioners that late Sri N.Krishna Reddy had also filed the application in Form No.7 in respect of 2 acres in survey No.143 which was also purchased by Sri Akbar Basha, in a proceedings in O.S.No.342/1968 which was a suit filed by Akbar Basha against Smt.Venkatamma. Smt. Venkatamma had purchased 2 acres of land in Survey No.143 from Smt. Munishamachar. The court executed a Sale Deed dated 19.09.1970 in favour of Sri Akbar Basha. 4. Learned Senior Counsel Vikram.A.Huilgol appearing for the contesting respondents submits that insofar as Survey Nos.137/1 and 137/2 are concerned, the - 8 - HC-KAR NC: 2026:KHC:12043 WP No. 18848 of 2025 contesting respondents have no say. The contesting respondents are only concerned with Survey No.143, which is not the subject matter of the application filed in Form No.7 and therefore to the extent of rejection of the application insofar as Survey No.143 is concerned, the impugned order has to be upheld. 5. During the course of these proceedings, the parties were directed to consider the settlement, since there was no dispute insofar as Survey No.143 belonging to T.Pujappa is concerned, the petitioners have filed a joint memo while clearly stating that the petitioners are not claiming any rights in respect of the land granted to late T.Pujappa in Survey No.143 of Khajisonnenahalli is concerned. 6. It is now brought to the notice of this Court that the revenue entries have been rectified by the Tahsildar and insofar as Survey No.143 is concerned, the entire extent of 6 acres 15 guntas is now standing in the name of - 9 - HC-KAR NC: 2026:KHC:12043 WP No. 18848 of 2025 the legal heirs of late T.Pujappa. Therefore, there is nothing further to be directed in so far as the revenue entries are concerned. It is therefore clear that the lands granted to Sri T. Pujappa, was never the subject matter of the litigation before the Land Tribunal in the application filed by Sri N. Krishna Reddy. The contention of the respondent No.7 who is the legal heir of Late Sri T.Pujappa is therefore to be upheld that when the lands granted to Sri T.Pujappa was never the subject matter of the litigation before the Land Tribunal, no portion of the order passed by the Land Tribunal should affect the rights of the legal heirs of late T.Pujappa insofar as 6 acres and 15 guntas is concerned in Survey No.143. 7. The confusion has prevailed since the original survey number in which lands were granted to Sri T.Pujappa to an extent of 6 acres 15 guntas is said to be survey No.100 and subsequently survey No.143 is also shown in respect of the lands that were granted to Sri T.Pujappa and to the land belonging to Sri N.Krishna - 10 - HC-KAR NC: 2026:KHC:12043 WP No. 18848 of 2025 Reddy. The total extent of land in survey No.143 is definitely more than 6 acres 15 guntas. It is now informed that Sy.No.143 has a total extent of 12 acres. 8. In that view of the matter, the writ petition is partly allowed. The impugned order passed by the Land Tribunal is accordingly quashed and set aside. However, it is clarified that the lands belonging to T.Pujappa and his legal heirs including respondent No.7 to an extent of 6 acres 15 guntas in Survey No.143, shall not be disturbed, having regard to the recent mutation order passed by the revenue authorities. Nevertheless, a direction is hereby issued to the revenue authorities namely the Deputy Commissioner, Bengaluru Urban District and the concerned Assistant Director of Land Records to assign a separate number to 2 acres of land in survey No.143, which is the land which was purchased by Sri Akbar Basha and in whose favour a sale deed was executed by the court. A separate number shall be assigned to the said lands and the RTC now standing in the name of the private - 11 - HC-KAR NC: 2026:KHC:12043 WP No. 18848 of 2025 respondents herein in Survey No.143 to the extent of 6 acres 15 guntas is hereby confirmed. The entire exercise of assigning a new survey number to the lands belonging to Sri N.Krishna Reddy and the petitioners herein shall be concluded as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. Sd/- (R DEVDAS) JUDGE KLY CT: JL