- 1 - HC-KAR NC: 2026:KHC:26470 WP No. 16557 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.16557 OF 2017 (LR) BETWEEN: 1. SRI. CLODIUS S PEREIRA @ C S PEREIRA S/O LATE JOSEPH MARIAN PEREIRA AGED ABOUT 86 YEARS. 2. SRI. FRANCIS PEREIRA S/O LATE JOSEPH MARIAN PEREIRA AGED ABOUT 70 YEARS. 3. MRS. FLORINE PEREIRA W/O MR.LAWRENCE DSOUZA, AGED AOBUT 67 YEARS. 4. MRS. IRENA PEREIRA W/O LATE VICTOR PEREIRA AGED ABOUT 66 YEARS, 5. MRS. JACINTA D'SOUZA W/O MR.GODFREY D'SOUZA, AGED ABOUT 47 YEARS, 6. MRS. NIMPHA PEREIRA W/O LATE ALWYN LOELHO AGED ABOUT 59 YEARS, PETITIONERS NO.1 TO 6 ARE Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26470 WP No. 16557 of 2017 REPRESENTED BY GPA HOLDER MR.LUCAS PEREIRA S/O MR. C.S.PEREIRA AGED ABOUT 48 YEARS, R/AT NEAR MUTHAPPA TEMPLE, BHAGAVATHI NAGAR, MADIKERI, KODAGU DISTRICT, KODAGU-571 201. 7. MRS. ELIZABETH PEREIRA W/O R.L.CRASTHA AGED ABOUT 79 YEARS, R/AT BILAGAVALLY VILLAGE, KESAGODU POST-573 224 ALUR TALUK, HASSAN DISTRICT. 8. MR. GEORGE WILFRED PINTO S/O RITA PERIRA AGED ABOUT 51 YEARS, R/AT MUGGALLI SAKALESHPURA TALUK HASSAN DISTRICT-573 134. 9. MRS. HILDA FERNANDEZ W/O DAVID FERNANDEZ AGED ABOUT 56 YEARS, R/AT 122A, AMKIHALLI, BELUR TALUK, HASSAN DISTRICT-573115. 10. MRS. PRECILLA PINTO W/O EVEREST GEOGE D'SILVA AGED ABOUT 54 YEARS, R/AT EW 1515, 2ND STAGE, SANGAMESHWARA LAYOUT HASSAN, HASSAN DISTRICT-573 115. - 3 - HC-KAR NC: 2026:KHC:26470 WP No. 16557 of 2017 11. MRS. MEENA S L PINTO W/O VALERIAN PINTO AGED ABOUT 50 YEARS, R/AT 65, DYAYAPPALU HASSAN DISTRICT HASSAN-573 115. 12. MR. STANY PINTO S/O RITA PERIRA AGED ABOUT 47 YEARS, R/AT ANKIHALLI BELUR TALUK, HASSAN DISTRICT HASSAN CHIKAMAGALUR DISTRICT-577 101. …PETITIONERS (BY SRI. SACHIN B.S., ADVOCATE) AND: 1. LAND TRIBUNAL BANTWAL TALUK, BANTWAL, MANGALUTU DISTRICT, DAKSHINA KANNADA, REP. BY ITS CHAIRMAN-574 211. 2. SRI. D.L. NARONNA S/O LATE GEORGE NARONNA AGED ABOUT 36 YEARS, R/AT NEAR CHURCH GATE SIDDHA KATTE BANTWAL TALUK (D.K.)-574 211 …RESPONDENTS (BY SRI. B.J. ESWARAPPA, AGA FOR R1; V/O DATED 18.12.2025 SERVICE OF NOTICE TO R2 IS HELD SUFFICIENT ) - 4 - HC-KAR NC: 2026:KHC:26470 WP No. 16557 of 2017 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 06.08.2016 PASSED BY THE LAND TRIBUNAL THE RESPONDENT NO.1 HEREIN AS PER ANNEXURE-A. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. In this Writ Petition, petitioners are assailing the order dated 06.08.2016 (Annexure-A) passed by the Land Tribunal, Bantwal. 3. Sri. B.S. Sachin, learned counsel appearing for the petitioners, invited the attention of the Court to the cause-title in Dispute No.TNC/10997/74-75, on the file of the Land Tribunal, Bantwal, and submitted that no notice has been issued to the petitioners herein and also that incorrect address - 5 - HC-KAR NC: 2026:KHC:26470 WP No. 16557 of 2017 has been furnished before the Land Tribunal, and accordingly sought for interference of this Court. 4. Per contra, Sri. B.J. Eswarappa, learned Additional Government Advocate appearing on behalf of the respondent No.1 - Land Tribunal, sought to justify the impugned order, stating that the newspaper publication has been taken in so far as respondents therein/petitioners herein are concerned and accordingly, sought for dismissal of the Writ Petition. 5. In the light of the submissions made by the learned counsel appearing for the parties, on careful consideration of the cause-title in the proceedings before the Land Tribunal at Annexure-A would indicate that respondent therein has been shown as 'Smt. Marian Pereira (deceased), Leo Pereira, bin J.M. Pereira, Arehalla Kasaba, Beluru'. However, taking into consideration the cause-title in the Writ Petition, I am of the view that, proper notice has not been issued to the parties i.e., the petitioners herein to contest the matter before the Land Tribunal on merits. In that view of the matter, I find force in the submissions made by the learned counsel appearing for the petitioners. - 6 - HC-KAR NC: 2026:KHC:26470 WP No. 16557 of 2017 6. Accordingly, I pass the following: ORDER (i) The Writ Petition is allowed. (ii) The order dated 06.08.2016 in Dispute No.TNC/10997/74-75 on the file of the Land Tribunal, Bantwal, is set aside and the matter is remitted to respondent No.1 - Land Tribunal, Bantwal, to reconsider the issue afresh after providing opportunity of hearing to all the concerned and thereafter take decision in the matter, in accordance with law. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 75