- 1 - HC-KAR NC: 2026:KHC:7337-DB W.A. No.1156/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.1156/2023 (LR) BETWEEN: 1. SANATHAN S/O KRISHNAN AGED ABOUT 30 YEARS R/AT INDIRANAGAR SEEBINAKERE POST THIRTHALLI TALUK SHIVAMOGGA 577 432. 2. GIRIJA SANATHAN W/O U. SANATHAN AGED ABOUT 25 YEARS R/AT. INDIRANAGAR SEEBINAKERE POST THIRTHAHALLI TALUK SHIVAMOGGA 577 432. …APPELLANTS (BY SRI. ASHWATH C.M. ADV.,) AND: 1. RAVIRAJ HEBBAR S/O MANJAPPA HEBBAR AGED ABOUT 62 YEARS R/AT. 10, THIRTHAHALLI AGUMBE ROAD UNTOORKATTE POST Digitally signed by ARSHIFA BAHAR KHANAM HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7337-DB W.A. No.1156/2023 THIRTHALLI TALUK SHIVAMOGGA 577 432. 2. THE LAND TRIBUNAL THIRTHALLI REP. BY ITS SECRETARY THIRTHAHALLI TALUK SHVIAMOGGA-577432. 3. STATE OF KARNATAKA REP. BY ITS SECRETARY REVENUE DEPARTMENT M S BUILDING DR. AMBEDKAR VEEDHI BENGALURU 560001. …RESPONDENTS (BY SRI. KESHAVA BHAT A, ADV., FOR R1 SMT. SHWETA KRISHNAPPA, AGA FOR R2 & R3) ********* THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 10.11.2022 PASSED BY THE HON'BLE HIGH COURT OF KARNATAKA AT BENGALURU IN W.P.NO.39226/2013 & ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:7337-DB W.A. No.1156/2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed by under Section 4 of the Karnataka High Court Act, 1861, challenging the judgment and decree dated 10.11.2022 passed in W.P.No.39226/2013 (LR) by the learned Single Judge. 2. The learned counsel appearing for the appellants submits that the learned Single Judge has erred in allowing the writ petition without appreciating the fact that late Balanna was in possession of Sy.Nos.13/1 and 13/2 measuring 17 guntas and 21 guntas, respectively as the same were cultivated by him as a tenant which is evident from the survey report. It is submitted that the Karnataka Land Reforms Act, 1961, is a welfare legislation enacted with an object to protect the interest of the tenant and considering the same, the application was allowed by the Tribunal and the mistake was corrected in the original order of the Tribunal which was interfered by the learned - 4 - HC-KAR NC: 2026:KHC:7337-DB W.A. No.1156/2023 Single Judge contrary to the material on record. Hence, he seeks to allow the appeal. 3. Learned counsel appearing for the respondent No.1 supports the impugned order of the learned Single Judge and submits that the exercise of power by the Tribunal is without jurisdiction which has been appreciated by the learned Single Judge in its proper perspective and allowed the writ petition which does not call for any interference. Hence, he seeks to dismiss the appeal. 4. We have heard the arguments advanced by the learned counsel appearing for the appellants, learned counsel appearing for the respondent No.1 and perused the material available on record. We have given our anxious consideration to the submissions advanced on both sides. 5. The material on record indicates that one late Sri.N.Balanna, S/o Unnikutti filed Form No.7 claiming as a tenant and sought for grant of land in Sy.No.13/2 - 5 - HC-KAR NC: 2026:KHC:7337-DB W.A. No.1156/2023 measuring 1 acre of Kokkodu Village, before the Land Tribunal. The Land Tribunal granted occupancy rights vide order dated 27.12.1979 to the said land. Form No.10 was issued in respect of the granted land in favour of late Balanna. The respondent No.1 assailed the order of the Land Tribunal in W.P.No.11812/2004 (LR). This Court, vide order dated 30.03.2004 dismissed the said writ petition by which the occupancy right in favour of the late Balanna over Sy.No.13/2 measuring 1 acre attained finality. The appellants, claiming as the legal representatives of late Balanna filed an application before the Land Tribunal seeking to survey the land in question and prayed to amend Form No.10 issued in favour of late Balanna. The Tribunal, vide order dated 12.08.2010 allowed the said application by including Sy.No.13/1. It is to be noticed that in the meanwhile, the respondent No.1 along with his brothers and sisters filed a suit for declaration of title and consequential injunction against the appellants alleging that the appellants are trying to - 6 - HC-KAR NC: 2026:KHC:7337-DB W.A. No.1156/2023 interfere with the possession of the property of the respondent No.1 in Sy.No.13/1 measuring 17 guntas along with other lands. The said suit came to be decreed on 13.08.2004 which was challenged in RFA No.1063/2004 and this Court, vide order dated 03.12.2005 dismissed the regular first appeal. 6. When things stood thus, entertainment of the application by the land Tribunal without any notice to the respondent No.1 belatedly, is impermissible. The Land Tribunal conferred the occupancy rights in favour of late N.Balanna on 27.12.1979 in respect of Sy.No.13/2 measuring 1 acre and Form No.10 was also issued. After a period of 30 years, in the year 2010, the application of the appellants was entertained and Sy.No.13/1 was also included by modifying the earlier order of the Land Tribunal. The exercise of power by the Tribunal is in violation of the principles of natural justice, without jurisdiction and the exercise of power beyond reasonable period. The learned Single Judge, considering these - 7 - HC-KAR NC: 2026:KHC:7337-DB W.A. No.1156/2023 aspects allowed the writ petition filed by the respondent No.1. Having considered the contentions advanced, we are of the opinion that the exercise of jurisdiction by the learned Single Judge does not call for any interference in this intra Court appeal. 7. For the aforementioned reasons, the appeal is devoid of merits and is accordingly rejected. Consequently, the pending interlocutory application, if any, stands disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 3 Sl No.: 5