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2026 DAILYLAW 19414 (KAR)

SRI CHERIYAMANE RAGHU v. THE LAND TRIBUNAL

WA/1131/2026 · 2026-06-03

D K Singh, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:26046-DB WA No. 1131 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1131 OF 2026 (LR) BETWEEN: 1. SRI CHERIYAMANE RAGHU S/O SRI CHERIYAMANE MACHAIAH, AGED ABOUT 58 YEARS, RESIDING AT MODDURU VILLAGE, SOMAWARAPETE TALUK, MADKERI DISTRICT - 571 236 …APPELLANT (BY MS. SHWETHA NAYAK N., ADVOCATE FOR SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. THE LAND TRIBUNAL SOMAWARAPETE TALUK, MADKERI DISTRICT - 571 236, REPRESENTED BY ITS SECRETARY 2. SRI CD MUTHANNA AGED MAJOR, R/AT MODDURU VILLAGE, SOMAWARAPETE TALUK, MADKERI DISTRICT - 571 236. 3. SRI B.S KUSHALAPPA Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26046-DB WA No. 1131 of 2026 AGED MAJOR, R/AT MODDURU VILLAGE, SOMAWARAPETE TALUK, MADKERI DISTRICT - 571 236. 4. SRI BOSE MANDANNA AGED MAJOR, R/AT MODDURU VILLAGE, SOMAWARAPETE TALUK, MADKERI DISTRICT - 571 236. 5. SMT CHERIYAMANE POOVAMMA W/O SRI CHERIYAMANE MACHAIAH, AGED MAJOR, R/AT MODDURU VILLAGE, SOMAWARAPETE TALUK, MADKERI DISTRICT - 571 236 6. SRI CHERIYAMANE PALANGAPPA S/O SRI CHERIYAMANE MACHAIAH, AGED MAJOR, R/AT MODDURU VILLAGE, SOMAWARAPETE TALUK, MADKERI DISTRICT - 571 236. 7. SRI CHERIYAMANE UTTAPPA S/O SRI CHERIYAMANE MACHAIAH, AGED ABOUT 71 YEARS, R/AT MODDURU VILLAGE, SOMAWARAPETE TALUK, MADKERI DISTRICT - 571 236. 8. SRI CHERIYAMANE PEMAIAH, S/O SRI CHERIYAMANE MACHAIAH, AGED MAJOR, - 3 - HC-KAR NC: 2026:KHC:26046-DB WA No. 1131 of 2026 R/AT MODDURU VILLAGE, SOMAWARAPETE TALUK, MADKERI DISTRICT - 571 236 …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA FOR R1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a)SET ASIDE THE ORDER DATED 19/12/2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP NO.18757/2018 AND ALLOW THE WRIT APPEAL WITH COST AS PRAYED FOR UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. Accepting the reasons stated in the affidavit accompanying the application, IA No.1/2026 is allowed. Delay of 78 days in filing the appeal is condoned. 2. Heard Smt. Swetha Nayak N., for Sri Dhananjay Kumar, for appellant for quite some time, who have made - 4 - HC-KAR NC: 2026:KHC:26046-DB WA No. 1131 of 2026 very eloquent submissions before this Court in the appeal. Sri B. Ravindranath, learned AGA though has been briefed, but very effective in his submissions. 3. This Intra Court appeal has been filed impugning the order dated 19.12.2025 passed in Writ Petition No. 18757/2018 filed by the appellant. The Writ Petition was instituted by the petitioner No.2/appellant impugning the order dated 03.03.2018 passed by the Land Tribunal in LRM/II/A-8/78-79. The Land Tribunal after examining the evidence brought on record as well as the spot inspection found that the petitioner No.2/appellant was not in possession of the land in question as a tenants before 01.03.1974 and even thereafter. The Writ Court has affirmed the order passed by the Land Tribunal and dismissed the Writ Petition. We find no reason to interfere with the well reasoned judgment and order passed by learned Single Judge. Therefore, the writ appeal stands dismissed. - 5 - HC-KAR NC: 2026:KHC:26046-DB WA No. 1131 of 2026 4. Pending application stands disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE tsn* List No.: 1 Sl No.: 6