Extracted from the PDF above. The PDF is authoritative.
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CNR: KAHC010423272021 NC: 2026:KHC:52421 WP No. 20340 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 20340 OF 2021 (LR) BETWEEN:
1. HANUMAIAH, S/O MUDDAIAH, DEAD BY LRS
RAMAKRISHNA, S/O LATE HANUMAIAH, DEAD BY LRS
VASANTHA, W/O LATE RAMAKRISHNA, AGED ABOUT 48 YEARS,
2. JAYARAMU, S/O LATE HANUMAIAH DEAD BY LRS
VIJAYAKUMARI, W/O LATE JAYARAMU, AGED ABOUT 46 YEARS,
3. ANUSHREE, D/O LATE JAYARAMU, AGED ABOUT 23 YEARS,
4. HANUMANTE GOWDA, S/O LATE JAYARAMU, AGED ABOUT 26 YEARS,
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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5. NAGARAJU, S/O LATE HANUMAIAH, AGED ABOUT 48 YEARS,
6. THIMMAPPA, S/O DASAPPA, DEAD BY LR'S 1ST WIFE CHANDAMMA, W/O THIMMAPPA, DEAD BY LR'S
H.T. GOVINDARAJU, S/O LATE THIMMAPPA, AGED ABOUT 47 YEARS,
7. MANGALAMMA, W/O LATE THIMMAPPA, AGED ABOUT 53 YEARS,
8. H.T. KRISHNAMURTHY, S/O LATE THIMMAPPA, AGED ABOUT 35 YEARS,
9. RANGAPPA, S/O NANJUNDAIAH, DEAD BY LRS
H.R. NANJEGOWDA, DEAD BY LR'S
9(a) SMT.SHANTHAMMA, W/O LATE NANJEGOWDA H.R., AGED ABOUT 64 YEARS,
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CNR: KAHC010423272021 NC: 2026:KHC:52421 WP No. 20340 of 2021
9(b) H.N.RANGANATH, S/O LATE NANJEGOWDA H.R., AGED ABOUT 51 YEARS, R/AT #484 6/1 13TH MAIN, BEHIND AYYAPPA TEMPLE, MUNESHWARA BLOCK, GOVERNMENT ELECTRIC FACTORY, BANGALORE SOUTH, BENGALURU - 560 026. 9(c) H.N.KUMARA, S/O LATE NANJEGOWDA H.R., AGED ABOUT 51 YEARS,
10. H.V.GOVINDAIAH, S/O VENKATAPPAIAH, DEAD BY LRS
H.G. PRABHU, S/O LATE H.V.GOVINDAIAH AGED ABOUT 50 YEARS,
11. H.G.NAGARAJU, S/O LATE H.V.GOVINDAIAH, AGED ABOUT 45 YEARS,
12. H.S.GUNDURAO, S/O SANNAGUDDAPPA, DEAD BY LRS
H.G.VENKATARAMU, S/O LATE H.S.GUNDURAO, AGED ABOUT 52 YEARS,
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13. VENKATASWAMY, S/O DASAPPA, AGED ABOUT 65 YEARS,
14. H.C.RAMANNA, S/O LATE CHIKKAIAH, DEAD BY LRS
14(a) SMT.LAKSHMMMA, W/O LATE RAMANNA, AGED ABOUT 69 YEARS,
14(b) CHANDRASHEKAR H.R., S/O LATE RAMANNA, AGED ABOUT 51 YEARS,
15. CHIKKARANGAIAH, S/O LATE MARIGOWDA, DEAD BY LRS
CHIKKATHAYAMMA, D/O CHIKKARANGAIAH, AGED ABOUT 53 YEARS,
16. PUTTAREVANNA, S/O LATE PANAIAH, DEAD BY LRS,
THIMMAMMA, W/O LATE PUTTAREVANNA, AGED ABOUT 58 YEARS,
17. H.P.REVANNAMURTHY, S/O LATE PUTTAREVANNA,
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AGED ABOUT 45 YEARS,
18.
H.P.PANNAIAH, S/O LATE PUTTAREVANNA, AGED ABOUT 38 YEARS,
19. H.P.DODDAREVAIAH, S/O LATE PUTTAREVANNA, AGED ABOUT 56 YEARS,
20. NANJAMMA, W/O GIRIYAPPA, DEAD BY LRS,
GOVINDAIAH, SO LATE NANJAMMA, DEAD BY LRS,
GOWRAMMA, W/O LATE GOVINDAIAH, AGED ABOUT 68 YEARS,
21. H.G.VENKATESH, S/O LATE GOVINDAIAH, AGED ABOUT 38 YEARS,
22. H.G.RAMAKRISHNA, S/O LATE GOVINDAIAH, AGED ABOUT 36 YEARS,
CHIKKAVENKATAIAH, S/O LATE NANJAMMA, DEAD BY LRS,
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23. JAYAMMA, W/O LATE CHIKKAVENKATAIAH, AGED ABOUT 52 YEARS,
24. RAMASWAMI, S/O LATE CHIKKAVENKATAIAH, AGED ABOUT 38 YEARS,
25. MUDDAIAH, S/O LATE KEMPHONNAIAH, DEAD BY LRS
GANGAMMA, D/O LATE MUDDAIAH, AGED ABOUT 52 YEARS,
26. NAGARAJU H.M., S/O LATE MUDDAIAH, AGED ABOUT 48 YEARS,
27. KRISHNA H.M., S/O LATE MUDDAIAH, AGED ABOUT 42 YEARS,
28. H.T. THIRUMALAIAH, S/O LATE THIMMAIAH, DEAD BY LRS
H.T.THIMMEGOWDA, S/O LATE THIRUMALAIAH, AGED ABOUT 60 YEARS,
29. H.T.KRISHNAPPA, S/O LATE THIRUMALAIAH, AGED ABOUT 58 YEARS,
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30. H.T.JAYARAMU, S/O LATE THIRUMALAIAH, AGED ABOUT 56 YEARS,
31. H.T.NAGARAJU, S/O LATE THIRUMALAIAH, DEAD BY LRS
PUSHPALATHA, W/O H.T.NAGARAJU, AGED ABOUT 39 YEARS,
32. CHANDRA @ CHANDAN, S/O H.T.NAGARAJU, AGED ABOUT 23 YEARS,
33. RAKSHITHA, D/O H.T.NAGARAJU, AGED ABOUT 20 YEARS,
34. H.R.JAYARANGAIAH, S/O RANGAIAH, AGED ABOUT 62 YEARS,
VENKATAIAH @ BAJJAIAH, S/O LATE VENKATAPPA, DEAD BY LRS
GOVINDAIAH, S/O LATE VENKATAIAH, DEAD BY LRS,
THIMMAMMA, W/O LATE GOVINDAIAH, DEAD BY LRS
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35. VENKATESH, S/O LATE GOVINDAIAH, AGED ABOUT 48 YEARS,
36. JANARDHAN, S/O LATE GOVINDAIAH, AGED ABOUT 47 YEARS,
37. MARIYANNA, S/O LATE GOVINDAIAH, AGED ABOUT 46 YEARS,
38. NAGENDRA, S/O LATE GOVINDAIAH, AGED ABOUT 40 YEARS,
39. RAMANNA, S/O LATE GOVINDAIAH, AGED ABOUT 62 YEARS,
40. GOVINDAIAH, S/O LATE MUDLIGRIAIAH, DEAD BY LRS
LAKSHMAMMA @ LAKKAMMA, W/O LATE GOVINDAIAH, AGED ABOUT 65 YEARS,
41.
RAMASWAMI, W/O LATE GOVINDAIAH, AGED ABOUT 46 YEARS,
42. CHIKKAVENKATAIAH, S/O LATE VENKATARAMAIAH, AGED ABOUT 66 YEARS,
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43. H.V.VENKATARAMU, S/O LATE VENKTAPAPAIAH, AGED ABOUT 75 YEARS,
44. DODDA REVANNA, S/O CHIKKAREVANNA, AGED ABOUT 35 YEARS,
45. VENKATESH, S/O LATE THIMMAIAH, AGED ABOUT 54 YEARS,
46. RAMAKRISHNAIAH, S/O THIMMAIAH, AGED ABOUT 50 YEARS,
47. RAMAKRISHNA, S/O THIRUMALAIAH, AGED ABOUT 48 YEARS,
48. SRINIVAS, S/O LATE GOVINDAIAH, AGED ABOUT 38 YEARS, ALL PETITIONERS R/AT HERUR VILLAGE, KASABA HOBLI, KUNIGAL TALUK, TUMKURU DISTRICT - 560 043. …PETITIONERS (BY SRI. RAKESH B BHATT., ADVOCATE) AND:
1. SPECIAL DEPUTY COMMISSIONER, TUMKURU - 572 101. - 10 -
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2. STATE OF KARNATAKA, VIDHANA SOUDHA, BENGALOORU - 560 001. REPRESENTED BY PRINCIPLE SECRETARY. 3. PRESIDENT LAND TRIBUNAL, KUNIGAL TALUK, TUMKURU DISTRICT - 572 101. 4. H.V.NAGAPPA, DEAD BY LRS
SUSHILAMMA, W/O LATE SUBBARAO, AGED ABOUT 70 YEARS,
5. RAVI, S/O LATE SUBBARAO, AGED ABOUT 50 YEARS,
6. LAKSHMIPATHI, DEAD BY LRS
PARTHASARATHI, S/O LATE LAKSHMIPATHI, AGED ABOUT 65 YEARS,
7. SHARATH, S/O LATE LAKSHMIPATHI, AGED ABOUT 60 YEARS,
8. H.R. KADEGOWDA, S/O LATE RANGAIAH, AGED ABOUT 70 YEARS,
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9. H. GOVINDAIAH, DEAD BY LRS
H.G.RAMEGOWDA, S/O LATE H. GOVINDAIAH, AGED ABOUT 65 YEARS,
10. H. VENKATAIAH, DEAD BY LRS
LAKSHMAMMA, W/O LATE H. VENKATAIAH, AGED ABOUT 65 YEARS,
11. SOMANNA, S/O LATE H. VENKATAIAH, AGED ABOUT 48 YEARS,
12. A.C.NANJAPPA, DEAD BY LRS,
L.N.SHIVANANJAIAH, S/O A.C.NANJAPPA, AGED ABOUT 65 YEARS,
13. H. DASAPPA, DEAD BY LRS
SACHIDANANDAMURTHY, S/O LATE H.DASAPPA, AGED ABOUT 60 YEARS,
14. H.R.RANGAIAH, S/O RANGAIAH, AGED ABOUT 70 YEARS,
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15. H.R.DODDAREVANNA SHETTY, S/O H.R.SIDDAPPA, AGED ABOUT 62 YEARS,
16. H.M.RAMANNA, DEAD BY LRS
SANJAY, S/O LATE H.M.RAMANNA, AGED ABOUT 45 YEARS,
17. H.R.PUTTAREVANNA, S/O REVANNA, AGED ABOUT 72 YEARS,
18.
GOVINDAIAH, S/O ELAVAIAH, AGED ABOUT 68 YEARS,
19. LAKSHMINARAYANASWAMY TEMPLE, HERUR VILLAGE, KASABA HOBALI, KUNIGAL TALUK, REPRESENTED BY EXECUTIVE OFFICER,
ALL RESPONDENT NO.4 TO 18 RESIDING AT HERUR - VILLAGE, CASABA HOBLI, KUNIGAL TALUK, TUMKURU DISTRICT - 560 043. …RESPONDENTS (BY SMT.SHARADHA, AGA FOR R1 TO R3;
SMT.PRIYAMVADA J AND SRI.RAJESH M., ADVOCATES FOR R7, R15, R16 AND R18;
SRI.B.S.RAGHU PRASAD, ADVOCATE FOR R19;
SRI.N.NIJALINGAPPA, ADVOCATE FOR R18;
R4 TO R6, R8 TO R14, NOTICE TO R17(A) AND R17(B) ARE
DISPENSED WITH)
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CNR: KAHC010423272021 NC: 2026:KHC:52421 WP No. 20340 of 2021
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 08.10.2021 PASSED BY THE R1 ANNEXURE - A; GRANT AN INTERIM ORDER TO STAY THE OPERATION AND IMPLEMENTATION OF THE IMPUGNED ORDER DATED 08.1.2021 PASSED BY THE R1 ANNEXURE - A AND TO DIRECT THE RESPONDENTS NOT TO INTERFERE WITH THE PETITIONERS POSSESSION AND ENJOYMENT OF THE LAND MENTIONED IN SCHEDULE. 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
Heard the learned counsel appearing for the parties.
2. In this writ petition, petitioners are assailing the
order dated 08.10.2021 in INA (A)-02/2008/09 (Annexure- A) passed by the respondent No.1.
3. The perusal of the writ petition would indicate that the Land Tribunal, Kunigal Taluk, Tumakuru District has
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granted occupancy rights in favour of the petitioners herein as per the order at (Annexure-B) and same was questioned before this Court in LRRP No. 3335 to 3343 of 1990, and this Court vide Order dated 29.09.1999 (Annexure-E), remanded the matter to the authorities for further consideration.
4. It is also forthcoming from the order sheet dated 25.03.2015 at Annexure-G, wherein, the plea has been made by the grantees to record evidence in the matter. However, no evidence has been recorded by the respondent- authorities. It is also forthcoming from the perusal of the impugned order at Annexure-A that, no finding has been recorded by the respondent-authorities based on the oral or documentary evidence adduced by the parties afresh, before the said authority at Annexure-A. In that view of the matter, I am of the view that the impugned order dated 08.10.2021 (Annexure-A) passed by respondent No.1 is accordingly set aside.
5. The matter is remanded to respondent No. 1 to pass appropriate orders on merits after recording the
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evidence of either of the parties by affording reasonable opportunity and thereafter to take decision in the matter in accordance with law.
6. Since the matter is of the year 2015 before the Land Tribunal, I am of the view that, the parties are directed to appear before the respondent No.1-Deputy Commissioner, Tumakuru on 28.10.2026 at 3.00 p.m.
7. Accordingly, the petition is allowed.
8. All the contentions of the parties are kept open.
9. In view of the disposal of the main petition, pending I.As do not survive for consideration and stand disposed of.
SD/- (E.S.INDIRESH) JUDGE
HR List No.: 1 Sl No.: 42