- 1 - HC-KAR NC: 2026:KHC:31030 WP No. 18500 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 18500 OF 2017 (LR) BETWEEN: SMT. G VASANTHI SHEDTHY @ VASANTHI HEGDE, W/O A JAYAKARA HEGDE, AGED ABOUT 68 YEARS, RESIDING AT NO.2-112, BANTWADI POST, SENAPUR VILLAGE, KUNDAPURA TALUK, UDUPI - 576 235. …PETITIONER (BY SRI. UDAYA SHANKAR RAI P., ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M S BUILDING, DR. AMBEDKAR VEEDI, BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE THIRD LAND TRIBUNAL, KUNDAPURA TALUK, KUNDAPURA , UDUPI DISTRICT - 576 201. 3. THE ASSISTANT COMMISSIONER, KUNDAPUR SUB DIVISION, KUNDAPUR TALUK, UDUPI DISTRICT - 576 201. 4. SRI. SHEENA KOTARI, S/O LATE MANJA KOTARI, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31030 WP No. 18500 of 2017 AGE MAJOR, R/AT KELAKALI, HAKALDI VILLAGE, KUNDAPUR TALUK, UDUPI DISTRICT - 576 235. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R3; SRI. NAGARAJ HEGDE., ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 29.9.1981 PASSED IN TRI NO.3655/80-81 PASSED BY THE R-2 VIDE ANNEXURE-G AND CONSEQUENTLY SET ASIDE THE CERTIFICATE OR REGISTRATION OF TENANT AS PER ANNEXURE-H IN SO FAR AS LAND IN SY NO.50-15A2 [OLD NO.50-15A] IN SENAPURA VILLAGE KUNDAPUR TALUK, MEASURING 1 ACRES 5 GUNTAS AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the order dated 29.09.1981 passed in TRI No.3655/1980-81 (Annexure- G) by respondent No.2. Consequently, the petitioner has sought for setting aside the certificate of registration of tenant (Annexure-H) insofar as the land bearing Survey No.50-15A2 - 3 - HC-KAR NC: 2026:KHC:31030 WP No. 18500 of 2017 (old No.50-15A) of Senapura Village, Kundapur Taluk, and to set aside the proceedings in R.A.No.150/2017 on the file of respondent No.3 (Annexure-J). 2. The relevant facts for adjudication of this writ petition are that, the petitioner claims to be the owner in possession of the land bearing Survey No.50-15/A2 measuring 1 acre 5 guntas in Senapura Village, Kundapura Taluk, as per the deed of partition dated 19.09.1964 (Annexure-A). Thereafter, a partition was affected in the family of Puttamma Shedthi on 11.07.1995 and the land in question was allotted in favour of the petitioner, as per the partition deed dated 11.07.1995 (Annexure-B). Subsequently, the revenue records stands in the name of the petitioner. Thereafter, the petitioner came to know that the land in question belonging to the petitioner has been included in the proceedings in TRI No.3655/1980-81 on the file of respondent No.2 and as such, the petitioner has presented this writ petition. 3. Heard, Sri. Udaya Shankar Rai P., learned counsel for the petitioner, Sri.Spoorthy Hegde N., learned HCGP for - 4 - HC-KAR NC: 2026:KHC:31030 WP No. 18500 of 2017 respondent Nos.1 to 3 and Sri.Nagaraj Hegde, learned counsel for respondent No.4. 4. It is contended by Sri. Uday Shankar Rai P., learned counsel appearing for the petitioner, by referring to the partition deeds dated 19.09.1964 and 11.07.1995, that the land in question bearing Survey No.50-15A2 of Senapura Village, Kundapura Taluk, measuring 1 acre 5 cents of land was not the subject matter of Form No.7 (Annexure-D), however, the same was included later, and the Land Tribunal without considering the factual aspects on record, has passed the impugned order on 29.09.1981, which requires to be set aside in respect of the land belonging to the petitioner. 5. Per contra, Sri.Nagaraj Hegde, learned counsel appearing for respondent No.4, has made submission in support of the impugned order at Annexure-G. 6. Learned HCGP, argued by referring to Annexure-H and sought for dismissal of the writ petition. 7. In the light of the submissions made by the learned counsel appearing for the parties and on careful consideration - 5 - HC-KAR NC: 2026:KHC:31030 WP No. 18500 of 2017 of Form No.7 filed by father of respondent No.4, claims to be a tenant of the schedule property is produced at Annexure-D to the writ petition. Undisputedly, the land belonging to the petitioner herein bearing Survey No.50-15A2 of Senapura Village is not the subject matter in Form No.7 filed by father of respondent No.4. 8. In that view of the matter, the Land Tribunal has committed an error, in including the property belonging to the petitioner herein, which is her ancestral property, as a subject matter in the impugned proceedings at Annexure-G. Accordingly, I pass the following. ORDER i. The writ petition is allowed. ii. The order dated 29.09.1981 passed by respondent No.2-Land Tribunal (Annexure-G) insofar as the land bearing Survey No.50- 15A2 measuring 1.05 acres of land in Senapura Village, Kundapura Taluk is accordingly set aside. Insofar as the remaining - 6 - HC-KAR NC: 2026:KHC:31030 WP No. 18500 of 2017 lands are concerned, the same has not been altered. iii. It is also made clear that, in view of the setting aside of the order passed by the Land Tribunal at Annexure-G insofar as the subject land belonging to the petitioner is concerned, I am of the opinion that all the proceedings in R.A.No.150/2017 on the file of respondent No.3 (Annexure-J) is hereby quashed. SD/- (E.S.INDIRESH) JUDGE AMA List No.: 1 Sl No.: 53