P VENKATRAMANA BHAT vs LAND TRIBUNAL

Court
Karnataka High Court

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ND
DATED THIS THE 02 DAY OF NOVEMBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH

WRIT PETITION NO. 25101 OF 2017 (LR)

BETWEEN:

1. P. VENKATRAMANA BHAT
S/O. LATE GOVINDA BHAT,
AGED ABOUT 69 YEARS,
R/AT MAKARANDA HOUSE,
PERAJE VILLAGE,
BANTWAL TALUK,
DAKSHINA KANNADA DISTRICT - 574253.
…PETITIONER








(BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE)

AND:

1. LAND TRIBUNAL
BANTWAL TALUK,
DAKSHINA KANNADA DISTRICT-574219
REP. BY ITS CHIRMAN.

2. SEETHARAMA GOWDA
SINCE DECEASED BY LRS.

2(a). SMT. SEETHAMMA
W/O LATE SEETHARAMA GOWDA
AGED ABOUT 71 YEARS.

2(b). SAROJINI


Digitally signed
by CHAYA S A
Location: HIGH
COURT OF
KARNATAKA

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D/O LATE SEETHARAMA GOWDA
AGED ABOUT 51 YEARS.

2(c). GANGHADHARA
S/O LATE SEETHARAMA GOWDA
AGED ABOUT 46 YEARS.

2(d). KUSHALAPPA
S/O LATE SEETHARAMA GOWDA
AGED ABOUT 44 YEARS.

R2(a) TO (d) ARE
R/AT ALUMBUDA HOUSE
PERAJE VILLAGE, BANTWAL TALUK
DAKSHINA KANNADA – 574253.

2(e). PUSHPA
D/O LATE SEETHARAMA GOWDA
AGED ABOUT 42 YEARS
R/AT PUDYANGA HOUSE
NEAR UPPARAPALIKE
JODUMARGA POST
KOKKADA POST
BELTHANGADY TALUK
DAKSHINA KANNADA DISTRICT -574 222.

2(f). BABY
D/O LATE SEETHARAMA GOWDA
AGED ABOUT 39 YEARS
R/AT DEPPOLI HOUSE
PERAJE VILLAGE
BUDOLI POST
BANTWAL TALUK
DAKSHINA KANNADA DISTRICT – 574 253.

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2(g). JAYANTHI
D/O LATE SEETHARAMA GOWDA
AGED ABOUT 37 YEARS
R/AT ASHOKA SENERA MOOLE HOUSE
BALNADU VILLAGE
PUTTUR TALUK
DAKSHINA KANNADA DISTRICT – 574 203.

3.
SHRI. PADMA SHEKAR JAIN
S/O. LATE. SMT. CHANDRAVATHI,
AGED MAJOR,
R/AT NAVOR BEEDU HOUSE,
NAVOOR VILLAGE,
BANTWAL TALUK,
DAKSHINA KANNADA DISTRICT – 574 253.

…RESPONDENTS
(BY SMT. SHARADA H.V., AGA FOR R1;
SRI. RAJESWARA P.N., ADVOCATE FOR R2(a) TO (g);
R3 SERVED BUT UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE ORDER DATED 17.9.2016 IN CASE NO TNC NO.176/78-79
(PERAJE) PASSED BY THE LAND TRIBUNAL, BANTWAL,
DAKSHINA KANNADA DISTRICT, AT ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

1. In this writ petition, the petitioner is assailing the
order dated 17.09.2016 passed in Case No.
TNC.No.176/78-19 (Peraje) by the Land Tribunal,
Bantwal, Dakshin Kannada (Annexure-A).

2. Heard Sri Ravishankar, learned counsel
appearing for the petitioner; Smt. Sharadha H.V.,
Learned Additional Government Advocate appearing
for the respondent-State; Sri P.N. Rajeswara, learned
counsel appearing for respondent No.2.

3. It is submitted by Sri. Ravishankar, learned
counsel appearing for the petitioner, that respondent
No.2 had filed Form No.7 seeking grant of occupancy
rights in respect of eight items of land, as indicated in
Annexure-G. However, the land bearing Sy.No.107/4
of Peraje Village, Bantwal Taluk, was not included in

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the said application. It is further submitted that the
Land Tribunal rejected the application filed by
respondent No.2, insofar as the land bearing
Sy.No.107/4 is concerned stating that respondent
No.2 has not filed Form No.7 in respect of land
bearing Sy.No. 107/4, vide order dated 20.05.1994
(Annexure-H), and the same was confirmed by this
Court in W.P.No.17209/2002, by order dated
11.09.2002 (Annexure-E). Therefore, the learned
counsel submits that the impugned order passed by
the Land Tribunal requires to be set aside.

4. Per contra, Sri P.N. Rajeswara, learned counsel
appearing for the legal representatives of respondent
No.2, contends that the impugned order passed by the
Land Tribunal at Annexure-A is just and proper, as the
Tribunal has considered the application filed by the

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son of the original applicant, and accordingly seeks to
justify the impugned order.

5. It is further contended by the learned counsel
appearing for respondent No.2 that an application
seeking occupancy rights in respect of the land
bearing Sy.No.107/4 was filed by respondent No.2;
however, the same has not been considered.

6. Smt. Sharadha H.V., learned Additional
Government Advocate appearing for the respondent-
State has produced the original records.

7. In the light of the arguments advanced by the
learned counsel appearing for the parties, and upon
careful consideration of Form No.7 filed by respondent
No.2 at Annexure-G, it is evident that the application
contains eight items of land bearing different survey

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numbers. However, the subject land bearing
Sy.No.107/4 is not included in the said Form No.7.

8. It is further to be noted that the Land Tribunal,
vide order dated 20.05.1994, rejected the application
filed by respondent No.2 insofar as the land bearing
Sy.No.107/4 is concerned. The said order was
confirmed by this Court in W.P.No.17209/2002, by
order dated 11.09.2002 (Annexure-E).

9. In that view of the matter, this Court having
already rejected the claim made by respondent No.2
in respect of the land bearing Sy.No.107/4, the Land
Tribunal has committed a serious error in passing the
impugned order at Annexure-A. It is also to be noted
that the Land Tribunal has passed the impugned order
without taking into consideration the order passed by
this Court in W.P.No.17209/2002 (Annexure-E), which
has attained finality.

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10. Accordingly, I find force in the arguments
advanced by the learned counsel appearing for the
petitioner and proceed to pass the following:
ORDER
allowed
1. The writ petition is .

2. The order dated 17.09.2016 (Annexure-
A) passed by the Land Tribunal, Bantwal,
Dakshina Kannada District, is hereby set
aside.

SD/-
(E.S.INDIRESH)
JUDGE


SB
List No.: 1 Sl No.: 34