- 1 - HC-KAR NC: 2026:KHC-D:1702 WP No. 100803 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.100803 OF 2026 (LR) BETWEEN: SMT. MAHADEVI W/O. MANIK DESAI AGED ABOUT 62 YEARS, OCC: HOUSEHOLD, RESIDING AT PLOT NO. 56, BASAV NILAY, 2ND MAIN, SAMPIGE NAGAR, KELAGERI ROAD, DHARWAD-580001. …PETITIONER (BY SRI. UMESH P.HAKKARAKI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BANGALORE-01. 2. THE LAND TRIBUNAL DHARWAD DHARWAD DISTRICT-580001, REPRESENTED BY ITS SECRETARY. BASANAGOUDA S/O. MAHADEVAGOUDA PATIL AND PARVATHEVVA W/O. BASANAGOUDA PATIL WERE DIED LEAVING BEHIND HIS LEGAL HEIRS. 3. CHANNAGOUDA S/O. BASANAGOUDA PATIL AGED ABOUT MAJOR, MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.11 14:40:00 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1702 WP No. 100803 of 2026 4. 5. 6. 7. 8. OCC: AGRICULTURE, RESIDING AT KAVALGERI VILLAGE, DHARWAD TALUK AND DISTRICT-580 006. RAMANAGOUDA S/O. BASANAGOUDA PATIL AGED ABOUT MAJOR, OCC: AGRICULTURE, RESIDING AT KAVALGERI VILLAGE, DHARWAD TALUK AND DISTRICT-580 006. MADIVALAGOUDA S/O. BASANAGOUDA PATIL DIED SINCE HIS LEGAL HERIS. SULOCHANNA W/O. MADIWALAGOUDA PATIL AGED ABOUT MAJOR, OCC: HOUSEHOLD, RESIDING AT KAVALGERI VILLAGE, DHARWAD TALUK AND DISTRICT-580 006. RUDRAGOUDA S/O. MADIWALAGOUDA PATIL AGED ABOUT MAJOR, OCC: AGRICULTURE, RESIDING AT KAVALGERI VILLAGE, DHARWAD TALUK AND DISTRICT-580 006. SHANKARGOUDA S/O. MADIWALAGOUDA PATIL AGED ABOUT MAJOR, OCC: AGRICULTURE, RESIDING AT KAVALGERI VILLAGE, DHARWAD TALUK AND DISTRICT-580 006. IRANNAGOUDA S/O. MADIWALAGOUDA PATIL AGED ABOUT MAJOR, OCC: AGRICULTURE, RESIDING AT KAVALGERI VILLAGE, DHARWAD TALUK AND DISTRICT-580 006. KALAVVA W/O. MALLANGOUDA PATIL BEFORE MARRIAGE KALAVVA D/O. BASANAGOUDA PATIL, SINCE DECEASED HER LEGAL HEIRS - 3 - HC-KAR NC: 2026:KHC-D:1702 WP No. 100803 of 2026 9. 10. 11. 12. 13. 14. SHIVANAGOUDA S/O. MALLANAGOUDA PATIL AGED ABOUT MAJOR, OCC: AGRICULTURE, RESIDING AT HIRENADHIHALLI VILLAGE, KITTUR TALUK AND BELGAUM DISTRICT-591 115. SMT. NEELAVVA W/O. SHANKARAGOUDA PATIL, AGED ABOUT MAJOR, OCC: HOUSEHOLD, RESIDING AT SHIBARAGATTI VILLAGE, DHARWAD TALUK AND DISTRICT-580 006. SMT. SAVITRI W/O. BALAPPA GADEKAR, AGED ABOUT MAJOR, OCC: HOUSEHOLD, RESIDING AT SAUNDATTI, SAUNDATTI TALUK AND BELAGUM DISTRICT-591 126. NEELAVVA W/O. KALLANAGOUDA PATIL BEFORE MARRIAGE NEELAVVA D/O. BASANAGOUDA PATIL, SINCE DECEASED HER LEGAL HEIRS, NINGANAGOUDA S/O. KALLANAGOUDA PATIL, AGED ABOUT MAJOR, OCC: AGRICULTURE, RESIDING AT KAVALAGERI, DHARWAD TALUK AND DISTRICT–580006. MADIVALAGOUDA S/O. KALLANAGOUDA PATIL, AGED ABOUT MAJOR, OCC: AGRICULTURE, RESIDING AT HOSATTI, KALAGHATAGI TALUK AND DHARWAD DISTRICT-581 204. SMT. POORNIMA W/O. BASAVANEPPA HALLIGERI BEFORE MARRIAGE POORANIMA D/O. KALLANAGOUDA PATIL, AGED ABOUT MAJOR, OCC: HOUSEHOLD, - 4 - HC-KAR NC: 2026:KHC-D:1702 WP No. 100803 of 2026 15. 16. 17. 18. 19. RESIDING AT JODALLI, KALAGHATAGI TALUK AND DHARWAD DISTRICT-581 204. MANJUNATH S/O. KALLANAGOUDA PATIL, AGED ABOUT MAJOR, OCC: AGRICULTURE, RESIDING AT KAVALAGERI, DHARWAD TALUK AND DISTRICT-580 006. BASANAGOUDA S/O. KALLANAGOUDA PATIL, AGED ABOUT MAJOR, OCC: AGRICULTURE, RESIDING AT HOSATTI, KALAGHATAGI TALUK AND DHARWAD DISTRICT-581 204. CHANAVVA W/O. MALLANAGOUDA PATIL BEFORE MARRIAGE CHANAVVA D/O. BASANAGOUDA PATIL, SINCE DECEASED HER LEGAL HEIRS. MALLANAGOUDA S/O. BASANAGOUDA PATIL, AGED ABOUT MAJOR, OCC: AGRICULTURE, RESIDING AT KURAVINAKOPPA VILLAGE, KALAGATHAGI TALUK, DHARWAD DISTRICT-581 204. SMT. BASAVVA W/O. CHANNABASANAGOUDA PATIL BEFORE MARRIAGE BASAVVA D/O. MALLANAGOUDA PATIL, AGED ABOUT MAJOR, OCC: HOUSEHOLD, RESIDING AT KURAVINAKOPPA VILLAGE, KALAGATHAGI TALUK, DHARWAD DISTRICT-581 204. SMT. ANASUYA W/O. SHANMUKHA GANIGER, BEFORE MARRIAGE ANASUYA - 5 - HC-KAR NC: 2026:KHC-D:1702 WP No. 100803 of 2026 20. 21. 22. 23. 24. D/O. MALLANAGOUDA PATIL, AGED ABOUT MAJOR, OCC: HOUSEHOLD, RESIDING AT UNKAL, HUBBALLI TALUK, DHARWAD DISTRICT. SHANKARAGOUDA S/O. MALLANAGOUDA PATIL, AGED ABOUT MAJOR, OCC: AGRICULTURE, RESIDING AT KURAVINAKOPPA VILLAGE, KALAGATHAGI TALUK, DHARWAD DISTRICT -581 204. SMT. CHANNABASAVVA W/O. IRAPPA SOBANADAR, BEFORE MARRIAGE CHANNABASAVVA D/O. MALLANAGOUDA PATIL, RESIDING AT KURAVINAKOPPA VILLAGE, KALAGATHAGI TALUK, DHARWAD DISTRICT-581 204. SMT. RATNAVVA W/O. MALAKAJI DANIGONDA, BEFORE MARRIAGE RATNAVVA D/O. MALLANAGOUDA PATIL, RESIDING AT BOGUR VILLAGE, KALAGATHAGI TALUK, DHARWAD DISTRICT -581 204, MANJUNATH S/O. MALLANAGOUDA PATIL, AGED ABOUT MAJOR, OCC: AGRICULTURE, RESIDING AT KURAVINAKOPPA VILLAGE, KALAGATHAGI TALUK, DHARWAD DISTRICT -581 204. MADIVALAPPA S/O. MALLANAGOUDA PATIL, AGED ABOUT MAJOR, OCC: AGRICULTURE, - 6 - HC-KAR NC: 2026:KHC-D:1702 WP No. 100803 of 2026 25. 26. RESIDING AT KURAVINAKOPPA VILLAGE, KALAGATHAGI TALUK, DHARWAD DISTRICT-581204. SMT. SUMITRA W/O. NAGANAGOUDA MADANABHAVI, BEFORE MARRIAGE SUMITRA D/O. MALLANAGOUDA PATIL, RESIDING AT G. BASAVANAKOPPA VILLAGE, KALAGATHAGI TALUK, DHARWAD DISTRICT -581 204. SMT. IRAVVA W/O. BASANAGOUDA PATIL BEFORE MARRIAGE IRAVVA D/O. BASANAGOUDA PATIL, AGED ABOUT MAJOR, OCC: HOUSEHOLD, RESIDING AT DUMAWADA, KALAGATHAGI-TALUK, DHARWAD DISTRICT-581 204. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS, DIRECTING THE 2ND RESPONDENT (I.E THE LAND TRIBUNAL, DHARWAD) TO PASS AN ORDER ON THE APPLICATION DATED 08.10.2001 FILED BY THE RESPONDENT NO.3 TO 26- APPLICANT IN AFORESAID PROCEEDINGS KLR/KAVALGERI/SR-17 AT ANNEXURE-C; ISSUE ANY WRIT, ORDER AND THEREBY REJECT THE FORM NO.2. FILED BY APPLICANTS-RESPONDENTS NO.5 TO 26, PENDING IN KLR/KAVALGERI/SR-17 BEFORE THE LAND TRIBUNAL, DHARWAD (I.E 2ND RESPONDENT); AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR NC: 2026:KHC-D:1702 WP No. 100803 of 2026 CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER The petitioner is before this Court assailing the proceedings of the Land Tribunal, Dharwad (“the Tribunal” for short), seeking a writ of mandamus to restrain the Tribunal from proceeding further with the enquiry in respect of Form No.7. 2. The land in question pertains to Block No.147 of Kavalgeri Village, Dharwad Taluk, comprising portions of R.S.No.76/2 and R.S.No.71/3. An application in Form No.7 was originally filed by Basanagouda Patil, pre-decessors-in- interest of respondent Nos.3 to 26, seeking grant of occupancy rights under the Karnataka Land Reforms Act, 1961 (“the Act” for short), the said Form No.7 has a chequered history. An order passed by the Tribunal granting occupancy rights was challenged, which resulted in the matter travelling to this Court in LRRP.No.3222/1988. By order passed therein, the earlier orders were set aside and - 8 - HC-KAR NC: 2026:KHC-D:1702 WP No. 100803 of 2026 the matter was remanded to the Tribunal for fresh consideration. 3. Pursuant to the remand, the proceedings were resumed before the Tribunal. During pendency of such proceedings, on 08.10.2001, a memo along with an affidavit was filed stating that the application in Form No.7 was filed inadvertently and that the same is not pressed/sought to be withdrawn. 4. Subsequently, however, a memo was filed indicating their intention to pursue the matter. The Tribunal taking note of the subsequent development, held that the issue of withdrawal stood resolved and that the proceedings were required to be continued. Aggrieved by the said decision of the Tribunal to proceed further the present writ petition has been filed. 5. Learned counsel for the petitioner contends that once a memo was filed seeking withdrawal/not pressing of Form No.7, the Tribunal was bound to pass a specific order - 9 - HC-KAR NC: 2026:KHC-D:1702 WP No. 100803 of 2026 closing the proceedings. The continuation of the enquiry without formally allowing or rejecting the withdrawal of memo amounts to arbitrariness and lack of jurisdiction. The Tribunal has erroneously accepted a subsequent memo and treated this issue of withdrawal as resolved, which according to the petitioner is impermissible in law. It is contended that the petitioner, being the land owner is subjected to unnecessary harassment due to the prolonged proceedings. 6. Per contra, learned Additional Government Advocate appearing for the respondents-State contends that the Tribunal is a statutory authority, competent to regulate its own proceeding and to assess the effect of pleadings, memo and subsequent conduct of parties. It is submitted that the Tribunal has taken a conscious decision that the earlier memo seeking withdrawal stood neutralized by later development. No final adjudication affecting the rights of the petitioner has been made and therefore the writ petition is premature. - 10 - HC-KAR NC: 2026:KHC-D:1702 WP No. 100803 of 2026 7. This Court has carefully considered the rival submissions and perused the material on record. 8. The Tribunal has held that though earlier memo was filed seeking withdrawal of Form No.7, in view of the subsequent memo, the said withdrawal would not be acted upon. The Tribunal, therefore, declined to treat Form No.7 as withdrawn and directed that the enquiry should proceed in accordance with law. The core question that this Court has to decide is, as to whether the Tribunal's decision to proceed with enquiry on the ground of issue of withdrawal of Form No.7 was justified? 9. The Tribunal, while exercising the jurisdiction under the Act, is entitled to examine not only the filing of memo but also the subsequent conduct of the parties to ascertain whether the claim has been effectively abandoned. The Tribunal has taken a plausible view that the subsequent memo and conduct of the applicants indicated an intention to proceed with the claim, therefore rendering - 11 - HC-KAR NC: 2026:KHC-D:1702 WP No. 100803 of 2026 the earlier memo inconclusive. The said view cannot be characterized as perverse, arbitrary or without jurisdiction. The petitioner is entitled to put all his contentions to be urged before the Tribunal. 10. This Court while exercising the supervisory jurisdiction would not sit in appeal over the procedural decisions of the Tribunal. In the absence of any patent illegality or violation of principles of justice, intervention is unwarranted. 11. For the foregoing reason, this Court pass the following: ORDER The writ petition is hereby dismissed. Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 21