- 1 - HC-KAR NC: 2026:KHC:4524-DB WA No. 388 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 388 OF 2025 (LR) BETWEEN: 1. AKKAYAMMA SINCE DECEASED BY LR'S SRI DANEGOWDA S/O LATE HEMANNA AGED ABOUT 67 YEARS 2. SRI. MUNIVENKATEGOWDA S/O LATE HEMANNA AGED ABOUT 68 YEARS 3. SRI. GOPALAGOWDA @ PRAKASH S/O LATE HEMANNA AGED ABOUT 66 YEARS APPELLANTS No.1 TO 3 ARE R/AT SATHANUR VILLGE JALA HOBLI, BANGALORE NORTH TALUK 562149 NOT CLAIMING SENIOR CITIZEN BENEFIT …APPELLANTS (BY SRI. G BALAKRISHNA SHASTRY., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE REP BY SECRETARY - 2 - HC-KAR NC: 2026:KHC:4524-DB WA No. 388 of 2025 VIKAS SOUDHA BENGALURU 560001 2. THE LAND TRIBUNAL DEVANAHALLI TALUK DEVANAHALLI 561110 REP BY SECRETARY 3. SRI MUNIYAPPA S/O LATE MUNIYAPPA AND DOMMANNA AGED MAJOR 4. SMT PAPAMMA W/O LATE NARAYANASWAMY AGED MAJOR 5. SMT MOUNA D/O LT NARAYANASWAMY AGED MAJOR 6. SRI. AVALAPPA S/O LATE MUNIYAPPA @ DOMMANNA AGED MAJOR 7. SMT. ANASUYAMMA W/O KEMPANNA, AGED MAJOR 8. KUM ASHWINI D/O LATE KEMPANNA AGED ABOUT 27 YEARS 9. MR.ARUN, S/O LATE KEMPANNA AGED ABOUT 24 YEARS R-3 TO R-9 ARE R/AT SATHANUR VILLAGE JALA HOBLI, BANGALORE NORTH TALUK 562149 …RESPONDENTS (BY SRI. M.N.SUDEV HEGDE, AGA FOR R1 & R2) - 3 - HC-KAR NC: 2026:KHC:4524-DB WA No. 388 of 2025 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET-ASIDE THE ORDER DATED 31/01/2025 IN WP NO.56087/2016, CONSEQUENTLY SET-ASIDE THE ORDER OF THE LAND TRIBUNAL, DEVANAHALLI DATED 13/07/1982 IN LRF NO.1/1979-80 PRODUCED AT ANNEXURE-B, WP NO.56087/2016 BE ALLOWED AS PRAYED FOR THEREIN AND THIS WRIT APPEAL BE ALLOWED WITH COSTS THROUGHOUT. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the judgment and order dated 31.01.2025 passed by learned Single Judge in Writ Petition No.56087/2016 (LR-RES) filed by the petitioners/appellants herein. 2. Parties are referred to as per their ranking before the Writ Court for the sake of convenience. 3. The petitioners had filed writ petition assailing the order dated 13.07.1982 passed by the Land Tribunal - 4 - HC-KAR NC: 2026:KHC:4524-DB WA No. 388 of 2025 conferring occupancy rights in favour of the father of respondent No.3, in respect of the land bearing Survey No. 4 measuring 1 acre and Survey No. 6 measuring 2 acres 8 guntas situated at Sathanur Village, Jala Hobli, Devanhalli Taluk. The lands were originally owned by one Muniswamappa, the grandfather of respondent No.3. Muniswamappa had borrowed loan from Primary Land Development Bank, Devanahalli by mortgaging the land on 13.08.1965. He committed default in repayment of the loan and therefore, the lands mortgaged were subjected to public auction and the husband of the petitioner No. 1 and the father of the petitioner Nos. 2 to 4 had purchased the lands in auction and sale certificate came to be issued on 30.06.1978. 4. In the meantime, the father of respondent No.3/Muniyappa filed Form No. 7 claiming occupancy rights in respect of the lands in question. The Tribunal after enquiry vide order dated 13.07.1982 allowed the - 5 - HC-KAR NC: 2026:KHC:4524-DB WA No. 388 of 2025 application filed in Form No.7 and registered Domanna alias Muniyappa as occupant of the land. 5. The said order passed by the Land Tribunal came to be challenged by the husband of petitioner No.1 in W.P.No.28672/1982. The said petition came to be allowed by the order dated 17.09.1984 and this Court remitted the matter back to the Land Tribunal for fresh consideration. The father of the respondent No.3 filed W.A.No.667/1984 challenging the judgment and order dated 17.09.1984 passed in W.P.No.28672/1982. The learned Division Bench allowed the appeal and set aside the order passed by the learned Single Judge vide judgment dated 16.09.1987. In the light of the amendment and establishment of Land Reforms Appellate Authority, the matter stood transferred to the Appellate Authority. Subsequently the Appellate Authority came to be abolished and the husband of petitioner No.1 filed Civil Petition to treat the same as a writ petition in W.P.No.25394/1992. The said W.P.No.25394/1992 came - 6 - HC-KAR NC: 2026:KHC:4524-DB WA No. 388 of 2025 to be dismissed for non-prosecution vide order dated 12.07.1993. The application to recall the order dated 12.07.1993 was rejected vide order dated 07.12.2001. The review petition against the order dated 07.12.2001 also came to be dismissed by the order dated 26.08.2004. 6. In pursuance to the occupancy rights granted in favour of the father of the respondent No.3, mutation proceedings took place and the Tahsildar passed the order for mutating the aforesaid lands in favour of the father of the respondent No.3. However, the Assistant Commissioner vide order dated 07.09.2004 allowed the appeal and set aside the order of the Tahsildar. The said order came to be challenged by the third respondent before the Deputy Commissioner, who dismissed the Revision Petition vide order dated 22.06.2007. The said order dated 22.06.2007 passed by the Deputy Commissioner and the order passed by the Assistant Commissioner dated 07.09.2004 were challenged by the legal heirs of respondent No.3 and other legal heirs of the - 7 - HC-KAR NC: 2026:KHC:4524-DB WA No. 388 of 2025 original applicant/tenant in W.P.No.10750/2007. This Court, vide order dated on 02.11.2012 set aside the order passed by the Assistant Commissioner and Deputy Commissioner and restored the order of the Tahsildar. 7. The petitioners challenged the order of the learned Single Judge by filing the W.A.No.8592/2012. This writ appeal came to be dismissed, review petition also was dismissed. After dismissal of the writ appeal and the review petition, the writ petition came to be filed and the learned Single Judge having noted the aforesaid facts has dismissed the writ petition as barred by the principle of res judicata. 8. We do not see any reason to re-open the concluded proceedings again and therefore, we find no merit in this appeal, which is why it is dismissed. - 8 - HC-KAR NC: 2026:KHC:4524-DB WA No. 388 of 2025 9. In view of dismissal of the appeal, pending interim application stand disposed of. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE NG List No.: 1 Sl No.: 1 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA