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2026 DAILYLAW 16139 (KAR)

SRI. SOMA KANCHAN, v. STATE OF KARNATAKA

WP/6646/2026 · 2026-02-27

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12320 WP No. 6646 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 6646 OF 2026 (LR) BETWEEN: SRI. SOMA KANCHAN, AGED ABOUT 72 YEARS, S/O. LATE RUKKU MARAKALDTHY, KARIYANNA HOUSE, KORAVADI POST KUMBASHI VILLAGE 576 257 KUNDAPURA TALUK, UDUPI DISTRICT. …PETITIONER (BY SRI. K CHANDRANATH ARIGA., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, REVENUE DEPARTMENT, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI BANGALORE-560 001. 2. THE CHAIRMAN, THE LAND TRIBUNAL, KUNDAPURA 576201 UDUPI DISTRICT. 3. THE TAHASILDAR, KUNDAPURA TALUK Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12320 WP No. 6646 of 2026 KUNDAPURA 576 201 UDUPI DISTRICT. 4. SMT. SUBBU, W/O LATE BABU KANCHAN AGED ABOUT 60 YEARS 5. SRI. BASAVA S/O LATE BABU KANCHAN AGED ABOUT 56 YEARS 6. SMT. SUGUNA AGED ABOUT 52 YEARS D/O LATE BABU KANCHAN 7. SRI. PRASHANTHA AGED ABOUT 50 YEARS S/O. LATE BABU KANCHAN RESPONDENTS 4 TO 7 ARE R/O KARIYANNANAMANE, KORAVADI POST KUMBASHI VILLAGE 576 257 KUNDAPURA TALUK UDUPI DISTRICT 8. SMT. NAGU AGED ABOUT 70 YEARS D/O LATE CHANDU MOGAVEERTHI 9. SRI. PUTTA KANCHAN AGED ABOUT 66 YEARS S/O LATE CHANDU MOGAVEERTHI - 3 - HC-KAR NC: 2026:KHC:12320 WP No. 6646 of 2026 10. SMT. GIRIJA MOGERTHI AGED ABOUT 66 YEARS, W/O LATE SANJU MOGAVEERA RESPONDENTS 8 TO 10 ARE R/O KARIYANNANAMANE, KORAVADI POST KUMBASHI VILLAGE 576 257 KUNDAPURA TALUK UDUPI DISTRICT 11. SRI. SRINIVASA HATWAR KORAVADI POST KUMBASHI VILLAGE 576 257 KUNDAPURA TALUK UDUPI DISTRICT. …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN TRI NO. 8642, 10048, 3099, 11216, 8647, 8696, 10013 B/78-79 DATED 25.03.1981 (ANNEXURE-A) AND QUASH THE ENDORSEMENT IN LRF CR 1824/2025 DATED 24.10.2025 ISSUED BY THE RESPONDENT NO.3 (ANNEXURE-C). QUASH THE NO OBJECTION CERTIFICATE IN LRF CR.352/2025-26 DATED 16.01.2026 ISSUED BY RESPONDENT NO.3 (ANNEXURE-D) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:12320 WP No. 6646 of 2026 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for respondents No.1 to 3. Notice to other respondents is not necessary for the following reasons: The petitioner had filed an application on 08.12.2025 before the Land Tribunal, Kundapura, in proceedings, bearing No. TRI 8642/1978-79 and connected matters, invoking Section 48A(6) of the Karnataka Land Reforms Act, 1961, seeking certain corrections in the orders passed by the Land Tribunal. However, the Tahsildar, being the Chairman of the Land Tribunal has issued the impugned endorsement at Annexure-C dated 24.10.2025 rejecting the application while stating that the Land Tribunal is not the competent authority to consider such an application for rejection. Learned Counsel however points out to Annexure-E, which is an order passed by the Hon’ble Division Bench in W.A.No.2240/2018, dated 12.09.2024, where the said provision contained in Section 48A(6) has - 5 - HC-KAR NC: 2026:KHC:12320 WP No. 6646 of 2026 been considered by the Division Bench. Having considered the provision, the Hon'ble Division Bench has held that the Tribunal has power to rectify and correct the extent of land and show the actual measurement having regard to the powers conferred on the Tribunal in the said provision. 2. The learned Counsel for the petitioner also points out to Annexure-D dated 16.01.2026 whereby the respondent-Tahsildar has granted permission to the other grantees for alienation. However, learned Counsel submits that before the consideration of the application if such a permission is granted, the petitioner will be prejudiced. 3. In that view of the matter, the impugned endorsement at Annexure-C dated 24.10.2025 issued by the respondent-Tahsildar, Kundapura and the Chairman of the Land Tribunal is hereby quashed and set aside. The matter is remitted back to the Land Tribunal to consider the application filed by the petitioner, having regard to the law laid down by the Hon'ble Division Bench, issue notice to all concerned and thereafter, pass an order on the - 6 - HC-KAR NC: 2026:KHC:12320 WP No. 6646 of 2026 application. With these observations, the writ petition stands disposed of. 4. The permission granted by the respondent- Tahsildar at Annexure-D to the other neighbouring landowners shall remain suspended till the consideration of the application filed at the hands of the petitioner. Sd/- (R DEVDAS) JUDGE DL CT: JL