- 1 - HC-KAR NC: 2026:KHC:29705 WP NO.6166 OF 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.6166 OF 2014 (LR) BETWEEN: 1. MUNIYAPPA S/O LATE HANUMANTHAPPA, (DECEASED) 2. SMT. CHIKKAKEMPAMMA S/O LATE HANUMANTHAPPA, AGED ABOUT 79 YEARS. 3. NAGAPPA S/O LATE HANUMANTHAPPA, DECEASED, BY LRS. 3(a). SMT. RAJAMMA W/O BALAKRISHNA, D/O LATE NAGAPPA, R/AT NO.63, 1ST MAIN, 2ND CROSS, SINGAIAHANAPALYA, BENGALURU - 560 048. 3(b). SMT. LAKSHMAMMA W/O LATE MANJUNATH, S/O LATE NAGAPPA, R/AT NO.63, 1ST MAIN, 2ND CORSS, SINGAIAHNAPALYA, BENGALURU - 560 048. 3(c). SMT. LAKSHMI W/O AMARNATH AGED ABOUT 48 YEARS, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29705 WP NO.6166 OF 2014 R/AT NO.63, 1ST MAIN, 2ND CROSS, SINGAIAHANAPALYA, BENGALURU - 560 048. 3(d). SMT. KEMPAMMA W/O KRISHNAPPA, D/O LATE NAGAPPA, AGED ABOUT 49 YEARS, R/AT R.H.D. COLONY, MAHADEVAPURA, BENGALURU - 560 040. 4. MANIBEERAPPA S/O LATE HANUMANTHAPPA SINCE DEAD BY HIS LRS. 4(a). SMT. A.G. VIJAYALAKSHMI D/O LATE MUNIBEERAPPA, AGED ABOUT 62 YEARS. 4(b). SMT. M. PUSHPALATHA D/O LATE MUNIBEERAPPA, W/O CHANDRASHEKAR, AGED ABOUT 42 YEARS. 4(c). SMT. M. MANJULA D/O LATE MANIBEERAPPA, W/O MANJUNATH K., AGED ABOUT 35 YEARS. 4(d). SMT. M. SWETHA D/O LATE MUNIBEERAPPA, W/O SHIVAKUMAR, AGED ABOUT 27 YEARS. PETITIONERS 4(a) to 4(d) ARE R/AT SINGAYANAPALYA VILLAGE, MAHADEVAPURA POST, K.R. PURAM HOBLI, BENGALURU EAST TALUK - 560 036. - 3 - HC-KAR NC: 2026:KHC:29705 WP NO.6166 OF 2014 5. SMT. PADMA ANASUYAMMA S/O LATE KEMPANNA AGED ABOUT 75 YEARS, R/AT SINGAYANAPALYA VILLAGE, MAHADEVAPURA POST, K.R. PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 036. 6. SRI. JAGANATH S/O LATE MUNISHAMAPPA, AGED ABOUT 47 YEARS. 7. SRI. NARAYANASWAMY S/O LATE MUNISHAMAPPA, AGED ABOUT 44 YEARS. PETITIONERS 6 AND 7 ARE R/AT K. MALLASANDRA VILLAGE, NADAVTHI POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, BENGALURU - 562 114. PETITIONERS 1 TO 7 ARE REP. BY THEIR G.P.A. HOLDER SRI. B. VENKATESH NAIDU, S/O. G. BALAKRISHNA NAIDU, AGED ABOUT 46 YEARS, R/AT NO.11, NAIDU BUILDING, HOSAPALYA BOMMANAHALLI, 1ST MAIN ROAD, 4TH CROSS, NEAR OMSHAKTHI TEMPLE, BENGALURU - 560 068. 8. NARAYANAMMA D/O LATE MUNISHAMAPPA, SINCE DEAD, BY HER LRS. 8(a). SMT. ANITHA A. W/O MUNISWAMY M. - 4 - HC-KAR NC: 2026:KHC:29705 WP NO.6166 OF 2014 R/AT DODDASHIVARA, HONGENAHALLI VILLAGE, DODDAKADATHURU POST, MALUR TALUK, KOLAR DISTRICT - 563 130. …PETITIONERS (BY SRI. LEELADHAR H.P., ADVOCATE FOR P2, P4(a) TO P4(d) AND P5 TO P8; SRI. NAGARAJU, ADVOCATE FOR P3(a) TO P3(d)) AND: 1. THE STATE OF KARNATAKA REP: BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR ROAD, BENGALURU - 560 001. 2. THE LAND TRIBUNAL BENGALURU EAST TALUK, KRISHNARAJAPURAM, BENGALURU - 560 036. REP: BY ITS CHAIRMAN. 3. SRI. C.V. RAMAKRISHNA S/O LATE K. VENKATASWAMY AGE: MAJOR, R/AT NGEF, NO.7501, 3 CANTEEN, BENGALURU - 560 036. 3(a). SMT. LAKSHMAMMA W/O C.V. RAMAKRISHNA, AGED ABOUT 57 YEARS. 3(b). SRI. LOKESH S/O C.V. RAMAKRISHNA, AGED ABOUT 37 YEARS. RESPONDENTS 3(a) AND 3(b) ARE R/AT GOPAL BUILDING, 4TH 'C' CROSS, - 5 - HC-KAR NC: 2026:KHC:29705 WP NO.6166 OF 2014 HOODI, BENGALURU NORTH, BENGALURU - 560 048. 4. V. CHANDRA S/O LATE K. VENKATASWAMY, AGE: MAJOR. 5. V. NAGARAJ S/O LATE K. VENKATASWAMY, AGE: MAJOR. 6. V. SHAMANNA S/O LATE K.VENKATASWAMY, AGE: MAJOR. 7. V. VENKATESHA S/O LATE K.VENKATASWAMY, AGE: MAJOR. RESPONDENTS 4 TO 7 ARE R/AT NO.73, KAGGADASAPURA, BENGALURU - 560 016. …RESPONDENTS (BY SRI. B.J. ESWARAPPA, AGA FOR R1 TO R2; SRI. C.N. KESHAVA MURTHY, ADVOCATE FOR R3(a) & R3(b) AND R4 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING QUASH THE ORDER DATED 07TH NOVEMBER, 2008 PASSED BY THE RESPONDENT NO.2 IN CASE NO.LRF.4931/1977, GRANTING OCCUPANCY RIGHT IN FAVOUR OF THE RESPONDENTS 3 TO 7 HEREIN VIDE ANNEXURE-A; AND ETC. THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH - 6 - HC-KAR NC: 2026:KHC:29705 WP NO.6166 OF 2014 ORAL ORDER In this petition, petitioners are challenging the order dated 07th November, 2008 (Annexure-A) passed by the respondent No.2-Land Tribunal in case No.LRF.4931/1977, wherein the occupancy rights in respect of subject land has been granted in favour of legal representatives of one Venkataswamy (respondents 3 to 7 herein). 2. The relevant facts for adjudication of this petition are that the petitioners claim to be the legal representatives of deceased Hanumanthappa, who was the owner of the subject land. It is sated that one K. Venkataswamy, father of the respondents 3 to 7, claims to be a tenant had filed Form No.7, seeking occupancy right in respect of subject land. The respondent No.2-Land Tribunal, after considering the material on record, conferred occupancy right in favour of K. Venkataswamy as per order dated 30th June, 1977 and the said order was questioned before the Appellate Authority in Appeal No.LRA.2/1980, which came to be converted before this Court as Writ Petition No.30045 of 1993. The aforementioned order of Land Tribunal dated 30th June, 1977, was quashed by this Court in Writ Petition No.30045 of 1993 and remanded the matter to - 7 - HC-KAR NC: 2026:KHC:29705 WP NO.6166 OF 2014 the Land Tribunal for fresh consideration. Pursuant to the same, the respondent No.2-Land Tribunal, after considering material on record, passed impugned order dated 07th November, 2008 (Annexure-A) in case No.LRF.4931/1977. Being aggrieved by the same, petitioners are before this Court. 3. Heard Sri. Leeladhar H.P. learned counsel appearing for petitioners 2, 4(a) to 4(d) and 5 to 8; Sri. Nagaraju, learned counsel appearing for petitioners 3(a) to 3(d); Sri. B.J. Eswarappa, learned Additional Government Advocate appearing for respondents 1 and 2; Sri. C.N. Keshava Murthy, learned counsel appearing for respondents 3(a) and 3(b) and 4 to 7. 4. Sri. Leeladhar H.P., learned counsel appearing for petitioners 2, 4(a) to 4(d) and 5 to 8 contended that, there is no material to substantiate that the respondents 3 to 7 are cultivating the subject land being a tenant and have not filed Form No.7, seeking occupancy right. By referring to RTC extracts for the relevant period during the year 1973-74, learned counsel Sri. Leeladhar H.P contended that the land in question was under the cultivation of late Hanumanthappa and - 8 - HC-KAR NC: 2026:KHC:29705 WP NO.6166 OF 2014 therefore, the impugned order passed by the respondent No.2- Land Tribunal requires to be interfered with in this petition. 5. Per contra, Sri. C.N. Keshava Murthy, learned counsel appearing for respondents 3(a) & 3(b) and 4 to 7 sought to justify the impugned order passed by the respondent No.2-Land Tribunal 6. Sri. B.J. Eswarappa, learned Additional Government Advocate appearing fro respondents 1 and 2 produced original records before this Court. 7. Having taken note of submission made by learned counsel appearing for the parties, on careful consideration of the records, the same would indicate that, there is no Form No.7 in the records produced by learned Additional Government Advocate. Be that as it may, on careful consideration of undisputed RTC particularly at Annexure-B, would indicate that, late Hanumathappa was in cultivation of land and there is no material before the respondent No.2-Land Tribunal as to the payment of chit by the alleged tenant in favour of Hanumanthappa. In that view of the matter, the finding recorded by the respondent No.2-Land Tribunal in the - 9 - HC-KAR NC: 2026:KHC:29705 WP NO.6166 OF 2014 impugned order dated 07th November, 2008 (Annexure-A) in case No.LRF.4931/1977 is contrary to law. Hence, I pass the following: O R D E R (i) Writ Petition allowed; (ii) Order dated 07th November, 2008 (Annexure-A) passed by the respondent No.2-Land Tribunal in Case No.LRF.4931/1977 is set-aside; (iii) The jurisdiction Tahsildar is directed to enter the name of petitioners in revenue records in respect of the subject land, if their names do not found place, within a period of four weeks form the date of receipt of this order. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 79