- 1 - HC-KAR CNR: KAHC010020222016 NC: 2026:KHC:37418 WP No. 6372 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.6372 OF 2016 (LR-SEC 48A) BETWEEN: MR. IGNATITIOUS CUTINHA S/O. JOHN CUTINHA AGED ABOUT 66 YEARS RESIDING NEAR BAVA TILES FACTORY ASHOKNAGAR, MANGALURU DAKSHINA KANNADA …PETITIONER (BY SRI SANATH KUMAR SHETTY K., ADVOCATE) AND: 1. MULKI SRINIVASA PRABHU AGED ABOUT 69 YEARS S/O. VENKATARAYA PRABHU REPRESENTED BY HIS G.P.A HOLDER VASANTHI S. PRABHU W/O. SRINIVASA V. PRABHU R/AT "VENUS", DOOR NO.6-2-52/1A OPP: GANDHINAGAR PRIMARY SCHOOL 7TH CROSS, GANDHINAGAR MANGALURU-575 001 2. THE PRESCRIBED AUTHORITY (LAND REFORMS) REPRESENTED BY THE PRESIDING OFFICER & HEAD QUARTERS TO THE DEPUTY COMMISSIONER MANGALURU-575 001 Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010020222016 NC: 2026:KHC:37418 WP No. 6372 of 2016 3. IRIN CUTINHA D/O. LATE SEBASTIAN CUTINHA AGED ABOUT 47 YEARS 4. ROBIN CUTINHA S/O. LATE SEBASTIAN CUTINHA AGED ABOUT 45 YEARS 5. GRITTA CUTINHA D/O. LATE SEBASTIAN CUTINHA AGED ABOUT 42 YEARS 6. VICTOR CUTINHA S/O. LATE SEBASTIAN CUTINHA AGED ABOUT 40 YEARS 7. VINCENT CUTINHA S/O. LATE SEBASTIAN CUTINHA AGED ABOUT 38 YEARS 8. PLORIN CUTINHA D/O. LATE SEBASTIAN CUTINHA AGED ABOUT 35 YEARS 9. MONTHI CUTINHA D/O. LATE SEBASTIAN AGED ABOUT 33 YEARS RESPONDENT NOS.3 TO 9 ARE RESIDING AT NO.1-27-2210 OPP. BAVA TILES FACTORY ASHOK NAGAR MANGALURU-575 006 …RESPONDENTS (BY SMT. SHARADA H.V., A.G.A. FOR R-2; SRI ABHISHEK MARLA M.J.,ADVOCATE FOR R3-R6,R8-R9; NOTICE TO R-7 H/S , V/O DTD:19.04.2023) - 3 - HC-KAR CNR: KAHC010020222016 NC: 2026:KHC:37418 WP No. 6372 of 2016 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 29.08.2011 PASSED IN APPEAL NO.890/2011 ON THE FILE OF KARNATAKA APPELLATE TRIBUNAL AT BENGALURU VIDE ANNEXURE-A. 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 29.08.2011 passed in Appeal No.890/2004 (Annexure-A) on the file of the Karnataka Appellate Tribunal, Bangalore. 2. Sri Sanath Kumar Shetty K., learned counsel appearing for the petitioner invited the attention of the Court to the Order dated 16.02.2004 (Annexure K) passed by the competent authority under Section 77A of the Karnataka Land Reforms Act, 1961 and further submitted that the said order at Annexure - K was questioned before the Karnataka Appellate Tribunal in Appeal No.890/2004. - 4 - HC-KAR CNR: KAHC010020222016 NC: 2026:KHC:37418 WP No. 6372 of 2016 However, the petitioner herein, who is a beneficiary of the order at Annexure - K has not been arrayed as a party and accordingly sought for interference of this Court. 3. Per contra, Smt. Sharada H.V., learned AGA sought to justify the impugned order passed by the Karnataka Appellate Tribunal. 4. In the light of the submission made by the leanred counsel appearing for the parties, on careful consideration of the order dated 16.02.2004 (Annexure - K), wherein the competent authority has conferred occupancy right in favour of both the petitioner herein, as well as respondent No.1 before the Karnataka Appellate Tribunal. However, the respondent at Annexure - A, though, has filed Appeal No.890/2004, before the Karnataka Appellate Tribunal, has not made the petitioner herein as a party to the said proceedings. - 5 - HC-KAR CNR: KAHC010020222016 NC: 2026:KHC:37418 WP No. 6372 of 2016 5. In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioner. 6. Accordingly, I pass the following: ORDER i) Writ petition is allowed. ii) Order dated 29.08.2011 in Appeal No.890/2004 on the file of the Karnataka Appellate Tribunal, Bangalore, (Annexure-A) is accordingly set aside and the matter is remitted to the Karnataka Appellate Tribunal, Bangalore, for providing opportunity of hearing to the petitioner while passing the order on the appeal in Appeal No.890/2004 and after issuing notice to all the parties concerned and to take decision in the matter afresh, in accordance with law at the earliest. SD/- (E.S.INDIRESH) JUDGE Vmb/List No.: 1 Sl No.: 43