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2026 DAILYLAW 7903 (KAR)

SRI. THAMMAIAH v. STATE OF KARNATAKA

WA/1127/2024 · 2026-02-09

D K Singh, S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:7555-DB WA No. 1127 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1127 OF 2024 (LR) BETWEEN: SRI. THAMMAIAH, SINCE DEAD BY HIS LRs SMT. CHANNAMMA W/O LATE THAMMAIAH SINCE DEAD BY LRs APPELLANT -1 & 2 HEREIN 1. SMT. MANGALAMMA D/O. LATE THAMMAIAH, W/O LOKESH AGED ABOUT 55 YEARS RESIDING AT KAGGERE VILLAGE CHELUR HOBLI, GUBBI TLAUK TUMKUR DISTRICT-572117 2. SMT. PUSHPALATHA D/O LATE THAMMAIAH W/O SHIVA KUMAR AGED ABOUT 53 YEARS RESIDING AT KATTIGENAHALLI KORA HOBLI, TUMKUR TALUK-562114 3. SMT. SHAKUNTHALA W/O VIRUPAKSHAIAH AGED ABOUT 45 YEARS Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7555-DB WA No. 1127 of 2024 RESIDING AT HEBAAKA VILLAGE TUMKUR KASABA HOBLI, TUMKUR TALUK-572106 4. SMT. SARVAMANGALA D/O LATE THIMMAIAHA W/O VISHWESHWARAIAH AGED ABOUT 42 YEARS RESIDING MAVUKERE VILLAGE KORA HOBLI, TUMKUR TALUK-572138 5. SMT. MAMATHA W/O LATE RAJASHEKAR B T AGED ABOUT 33 YEARS RESIDING AT BOMMANAHALLI BELALVI HOBLI, TUMKUR TALUK-572107 6. SRI BHAVISH S/O LATE RAJASHEKAR B T AGED ABOUT 15 YEARS SINCE MINOR REPRESENTED BY HIS MOTHER MAMATHA RESIDING AT BOMMANAHALLI BELLAVI HOBLI, TUMKUR TALUK-572107 …APPELLANTS (BY SRI. KISHAN G S., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, M.S. BUILDING, BANGALORE-560 001. 2. THE LAND TRIBUNAL TUMKUR TALUK, TUMKUR DISTRICT-572 101, - 3 - HC-KAR NC: 2026:KHC:7555-DB WA No. 1127 of 2024 REPRESENTED BY ITS PRESIDENT. SRI. BALAIAH, SINCE DEAD BY HIS LRs 3. SMT. HANUMAKKA W/O LATE BALAIAH AGED ABOUT 43 YEARS SRI BALAIAH, SINCE DEAD BY HIS LR 4. RAMESH G R AGED ABOUT 43 YEARS S/O LATE RAMANNA RESIDING AT NO. 91 A FLOAT AIRPORT ROAD, NEAR KOGILE CROSS NISARGA APARTMENTS BENGALURU 560 064 5. SRI. RAMAKRISHNAPPA S/O MARIYANNA AGED ABOUT 65 YEARS RESIDING AT BOMMANAHALLI VILLAGE BELLAVI HOBI, TUMKUR TALUK-572107 6. VENKATARAMU AGED ABOUT 58 YEARS S/O VENKATARAMAIAH RESIDING AT BOMMANAHALLI VILLAGE BELLAVI HOBLI, TUMKUR TALUK-572107 7. SMT. H N KENCHAMMA D/O H NARAYANA AND LATE BORAMMA AGED 55 YEARS 8. SRI H N NAGESH S/O H NARAYANA AND LATE BORAMMA AGED 47 YEARS 9. H N PUSHPALATHA S/O H. NARAYANA AND LATE BORAMMA - 4 - HC-KAR NC: 2026:KHC:7555-DB WA No. 1127 of 2024 AGED 40 YEARS 10. SMT. H N MANJULA D/O H. NARAYANA AND LATE BORAMMA AGED 36 YEARS APPELLANTS No.7 TO 10 ARE R/AT GARAGADAKUPPE VILLAGE KANAKUPE POST, HEBBUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT 572120 11. SRI H NARAYANA (HUSBAND OF BORAMMA) S/O LATE RANGAIAH AGED 78 YEARS 12. H N MANJUNATH S/O H NARAYANA AND BORAMMA AGED 50 YEARS RESIDING AT KANAKUPPE POST HEBBUR HOBLI TUMKUR TALUK TUMKUR DISTRICT 572120 …RESPONDENTS (BY SRI. BHADRINATH, ADVOCATE FOR C/R12; SRI. M.N.SUDEV HEGDE, AGA FOR R1 & R2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO CALL FOR RECORDS OF THE CASE WP NO.55573/2016 AND FURTHER BE PLEASED TO DISMISS THE SAID WP NO.55573/2016 AND GRANT SUCH OTHER AND FURTHER RELIEFS. 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 MR. JUSTICE S RACHAIAH - 5 - HC-KAR NC: 2026:KHC:7555-DB WA No. 1127 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the judgment and order dated 27.06.2024 passed in W.P.No.55573/2016 by the learned Single Judge whereby the matter has been remanded back to the Land Tribunal to decide afresh. 2. The Land Tribunal had passed the order against the dead person inasmuch as respondent No.4-Smt. Boramma had died on 10.07.2016, whereas the Land Tribunal had passed the order on 23.09.2016. Further, all the legal heirs of late Smt. Boramma were not brought on record before the final order dated 23.09.2016 came to be passed. 2. The learned Single Judge has directed the Land Tribunal, Tumakuru to dispose of the pending petition after the legal heirs of the deceased respondent No.4 are brought on record, within an outer limit of nine months from the date of receipt of certified copy of the order. - 6 - HC-KAR NC: 2026:KHC:7555-DB WA No. 1127 of 2024 3. We do not think that the order passed by the learned Single Judge requires an interference by this Court. Therefore, we dismiss this writ appeal. However, we direct the parties to co-operate for early conclusion of the proceedings pending before the Land Tribunal, Tumakuru within a period of four months from today. 4. Let this order be communicated to the land Tribunal by the Registry and by the learned counsel representing the parties. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE RKA List No.: 1 Sl No.: 3