- 1 - HC-KAR NC: 2026:KHC-D:296 WP No. 101866 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.101866 OF 2014 (KLR-RES) BETWEEN: 1. JAGANNATH S/O. HARIYAPPA BHATKAL AGE: 54 YEARS, R/O. CHURCH ROAD, SIRSI TOWN, TQ: SIRSI, DIST: UTTAR KANNADA. 2. VINAYAK S/O. HARIYAPPA BHATKAL AGE 56 YEARS, R/O. CHURCH ROAD, SIRSI TOWN, TQ: SIRSI, DIST: UTTAR KANNADA. …PETITIONERS (BY SRI. A.P.HEGDE JANMANE, ADVOCATE) AND: 1. TAHASILDAR SIRSI TALUKA, SIRSI, DIST: UTTARA KANNADA. 2. ASSISTANT COMMISSIONER SIRSI DIVISION, SIRSI, DIST: UTTAR KANNADA. 3. DEPUTY COMMISSIONER UTTARA KANNADA DISTRICT, KARWAR. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE DEPUTY COMMISSIONER, UTTARA KANNADA, KARWAR DATED 07.10.2013 VIDE ANNEXURE-F CONFIRMING THE ORDER OF THE ASSISTANT COMMISSIONER, SIRSI IN NO.RRT/LTARE/VIVI/8/2012-13 DATED 04.06.2012 VIDE ANNEXURE-E, AND THE MUTATION ENTRY BEARING NO.571 DATED 29.08.1977, VIDE ANNEXURE-B, MADE BY THE TAHASILDAR, SIRSI AND ETC. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.20 15:21:13 +0530 - 2 - HC-KAR NC: 2026:KHC-D:296 WP No. 101866 of 2014 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER 1. The petitioners have approached this Court seeking to quash the order passed by the Deputy Commissioner, confirming the order of the Assistant Commissioner, whereby the authorities have held that only the Land Tribunal has jurisdiction to decide whether the land is tenanted land or not and vested in the State. 2. An extent of area 6-Acres 19-Guntas in Sy.No.84 of Malanji village, Banavasi Hobli in Sirsi Taluk of which, the petitioners claims to be owners. It is the case that the name of one Gutya Rama Kabber was entered in column No.12 of the RTC by mutation entry No.571 dated 29.08.1977 without notice to them. It is the case of the petitioners that the said Gutya Rama Kabber never filed Form No.7. Subsequently, his legal heirs filed Form No.7A, - 3 - HC-KAR NC: 2026:KHC-D:296 WP No. 101866 of 2014 which came to be rejected by the competent authorities by order dated 20.07.2005 (Annexure-D) and the said rejection has attained finality. 3. Learned counsel appearing for the petitioners submits that the land in question is barren land/grass grown land, as reflected in the revenue records and that in the absence of any subsisting claim under Form No.7 or Form No.7A, there is no occasion for the Land Tribunal to adjudicate any tenancy claim. It is contended that the Assistant Commissioner and Deputy Commissioner has abdicated their statutory duty by mechanically directing the petitioners to approach the Land Tribunal. 4. Per contra, learned Additional Government Advocate supports the impugned order and submits that since the RTC reflected the name of Gutya Rama Kabber - 4 - HC-KAR NC: 2026:KHC-D:296 WP No. 101866 of 2014 as tenant, the question whether the land is tenanted land can be decided only the Land Tribunal and not by the revenue authorities. 5. This Court has carefully considered the rival contentions and perused the material available on record. 6. A perusal of the revenue records unmistakably indicates the land is described as barren land. Further, it is an admitted position that alleged tenant did not file Form No.7 and that the application filed by his legal heirs under Form No.7A has been rejected and has attained finality. Once a claim under Form No.7 or Form No.7A stands rejected finally, no tenancy issue survives for adjudication by the Land Tribunal. 7. Such circumstances, the very foundation for invoking the jurisdiction of the Land Tribunal no longer survives. The Assistant Commissioner was - 5 - HC-KAR NC: 2026:KHC-D:296 WP No. 101866 of 2014 required to examine the material on record and adjudicate the issue in accordance with law, instead of relegating the petitioner’s to a forum which latched jurisdiction in the fact of the case and the Deputy Commissioner, instead of correcting the jurisdiction error, affirming it. 8. The order of the Assistant Commissioner and confirmed by Deputy Commissioner, directing the petitioners to approach the Land Tribunal are therefore without jurisdiction and cannot be sustained. Accordingly, this Court pass the following: ORDER i. The Writ Petition is allowed. ii. The impugned orders dated 04.06.2012 (Annexure-E) and 07.10.2013 (Annexure-F) are hereby quashed. - 6 - HC-KAR NC: 2026:KHC-D:296 WP No. 101866 of 2014 iii. The matter is remitted back to the Assistant Commissioner-respondent No.2 for fresh consideration in accordance with law keeping in view the observations made herein. iv. The petitioners shall appear before the Assistant Commissioner on 28.01.2026 without waiting for further notice. Sd/- JUSTICE K.S.HEMALEKHA AM/- Ct:VH List No.: 1 Sl No.: 59