- 1 - HC-KAR CNR: KAHC010300352020 NC: 2026:KHC:50345 WP No. 11751 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 11751 OF 2020 (KLR-RES) BETWEEN: 1. SHANKAR NAIK S/O.LATE PAIKA NAIK, AGED ABOUT 40 YEARS, R/AT GOLLANGADY, HILIYANA VILLAGE AND POST, UDUPI TALUK AND DISTRICT - 576212. …PETITIONER (BY SRI. SACHIN B S.,ADVOCATE) AND: 1. DEPUTY COMMISSIONER UDUPI DISTRICT UDUPI - 576212. 2. ASSISTANT COMMISSIONER UDUPI SUB DIVISIN, UDUPI - 576212. 3. THASILDAR UDUPI TALUK AND DISTRICT - 576212. 4. SMT. GIRIJA SHEDTHY W/O SHEKARA SHETTY, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010300352020 NC: 2026:KHC:50345 WP No. 11751 of 2020 AGED 47 YEARS, R/AT GIRIYAGADY, HILIYANA VILLAGE AND POST, UDUPI TALUK AND DISTRICT - 576212 …RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA FOR R1 TO R3; SMT. SHIVANI SHETTY, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.11.2018 PASSED IN REVISION PETITION NO.61/2013 ON THE FILE OF KARNATAKA APPELLATE TRIBUNAL, BANGALORE AS PER 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 1. In this Writ Petition, petitioner is assailing the order dated 30.11.2018 in R.P.No.61/2013(Annexure-A), on the file of the Karnataka Appellate Tribunal at Bengaluru. 2. Sri. Sachin B.S., learned counsel appearing for the petitioner, invited the attention of the Court to the order dated 03.06.2013 in case No. CDS NCR/S/R/09/2005-06 (Annexure- - 3 - HC-KAR CNR: KAHC010300352020 NC: 2026:KHC:50345 WP No. 11751 of 2020 B) passed by respondent No.1 and contended that, as the application filed by the petitioner as well as respondent No.4 were pending consideration before the competent authority for reglarisation of land in question, however, the Land Tribunal has granted occupancy right pending consideration of the application made by the petitioner herein and therefore, learned counsel sought for interference of this Court. Referring to the order passed by the Division Bench of this Court in the case of BASAPPA GURUSANGAPPA BARAGUNDI Vs. THE LAND TRIBUNAL, BADAMI AND OTHERS, reported in 1979 (2) Kar LJ 370, it is submitted that the interference made by the competent authority requires to be interfered with in this Writ Petition. 3. Per contra, Smt. Shivani Shetty, learned counsel appearing for respondent No.4, sought to justify the impugned order passed by the Land Tribunal stating that there is no application made by the petitioner before the competent authority. - 4 - HC-KAR CNR: KAHC010300352020 NC: 2026:KHC:50345 WP No. 11751 of 2020 4. Sri. Aditya Diwakara, learned Additional Government Advocate appearing for respondent Nos.1 to 3, sought to justify the impugned order passed by the Land Tribunal. 5. In the light of the submissions made by the learned counsel for the parties and on careful consideration of the order dated 03.06.2013 (Annexure-B) passed by respondent No.1, wherein, respondent No.1 has remitted the matter to the competent authority for fresh consideration of the application made by the petitioner as well as respondent No.4, however, the Karnataka Appellate Tribunal has ignored the order passed by the Division Bench of this Court in the case of BASAPPA GURUSANGAPPA BARAGUNDI (supra), and has allowed the appeal preferred by respondent No.4 herein. 6. It is well settled principle in law that whenever rival applications are made before the Land Tribunal or before the competent authority for grant of occupancy right in respect of the same land, it is the duty of the competent authority to consider both the applications together and take decision in accordance with law. - 5 - HC-KAR CNR: KAHC010300352020 NC: 2026:KHC:50345 WP No. 11751 of 2020 7. In that view of the matter, the order dated 30.11.2018 in R.P.No.61/2013(Annexure-A), passed by the Karnataka Appellate Tribunal, Bengaluru, is accordingly set aside and the order dated 03.06.2013 in case No. CDS NCR/S/R/09/2005-06 (Annexure-B) passed by respondent No.1 herein, is restored. 8. The matter is remitted to the Karnataka Appellate Tribunal/competent authority for fresh consideration of the proceedings in the light of the observations made above. 9. Parties are directed to maintain status-quo in respect of subject land till the conclusion of the proceedings before the Karnataka Appellate Tribunal/competent authority. 10. The Writ Petition is accordingly disposed of. SD/- (E.S.INDIRESH) JUDGE SAC List No.: 1 Sl No.: 45