CHANNABASAMMA K vs STATE OF KARNATAKA

Court
Karnataka High Court

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 16 DAY OF OCTOBER, 2026

BEFORE

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

WRIT PETITION NO.23462 OF 2018 (LR)

BETWEEN:

1. CHANNABASAMMA.K,
W/O LATE M.B KASETTY,
AGED ABOUT 90 YEARS.

DIED LEAVING BEHIND THE
PETITIONER NO.2
AND RESPONDENTS NO.8 TO 10
AS HER LEGAL HEIRS.

2. NATARAJU M. KASETTY,
S/O LATE M.B KASETTY,
AGED ABOUT 69 YEARS.

BOTH ARE R/OF B.H ROAD,
NEAR BUS STAND,
SHIVAMOGGA-577 201.
…PETITIONERS










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

(BY SRI P.N HARISH, ADVOCATE)

AND:

1. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M.S BUILDING, BENGALURU-560001.

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2. LAND TRIBUNAL,
SHIVAMOGGA TALUK-577 201,
SHIVAMOGGA DISTRICT,
REP. BY ITS CHAIRMAN.

3. MALLAMMA,
W/O LATE KARIYAPPA.

4.


4(a)


4(b)


4(c)
GANESHA.K,
S/O LATE KARIYAPPA,

RADHAMMA,
W/O LATE GANESH.K
MAJOR IN AGE.

PRASAD G.K,
S/O LATE GANESH.K
MAJOR IN AGE.

GAGAN G.,
S/O LATE GANESH.K
MAJOR IN AGE

RESPONDENTS NO.4(a) TO 4(c) ARE
MAJOR IN AGE AND
RD
R/OF NO. 63, 3 CROSS,
NEAR GOVERNMENT SCHOOL,
KASHIPURA, VINOBHANAGARA,
SHIVAMOGGA-577 201.

5. YOGESHA.K,
S/O LATE KARIYAPPA.

6. ASHOKA K,
S/O LATE KARIYAPPA.

7. NETHRAVATHI,
W/O LATE HANUMANTHAPPA K.,

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RESPONDENTS NO.3 & 5 TO 7 ARE
MAJOR IN AGE,
R/OF KASHIPURA VILLAGE,
KASABA HOBLI,
SHIVAMOGGA TALUK-577 201.

8. M.B. MANJUNATH,
S/O LATE M.B. KASETTY,
AGED ABOUT 58 YEARS,
R/O OAKWORD AVENUE,
EDISON, NJ08837,
NEW JERSEY,
UNITED STATES OF AMERICA.

9. M.B. SHIVKUMAR,
S/O LATE M.B. KASETTY,
AGED ABOUT 54 YEARS,
R/O B.H ROAD,
NEAR BUS STAND,
SHIVAMOGGA-577 201.

10. KUMARSWAMY KASETTY,
S/O LATE M.B KASETTY,
AGED ABOUT 68 YEARS,
R/O 833, NEWTON STREET,
CHESTNUT HILL, MA-02467,
UNITED STATES OF AMERICA.
…RESPONDENTS
(BY SMT. SHARADA H.V, AGA FOR R1 & R2;
SRI. S.M. CHANDRASHEKAR, SENIOR COUNSEL FOR
SRI. N. MURALI, ADVOCATE FOR R3 TO R7;
SRI. RUDRABHUSHAN.C, ADVOCATE FOR R8 & R10;
SRI S.V. PRAKASH, ADVOCATE FOR R9 )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 19.03.2018 PASSED BY THE
RESPONDENT NO.2 IN LRF(T) ALK.12/74-75 ORDERING FOR

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CONFERMENT OF OCCUPANCY RIGHTS INTO THE NAME OF
RESPONDENTS 3 TO 7 TO AN EXTENT OF LAND MEASURING 4
ACRES 5 GUNTAS IN SY.NO.100 OF ALAKOLA VILLAGE,
SHIVAMOGGA TALUK PRODUCED AS PER ANNEXURE-F AND
ETC.
THIS WRIT PETITION HAVING BEEN RESERVED FOR
ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY,
E.S. INDIRESH J., MADE THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

CAV ORDER

1. In this writ petition, the petitioners are assailing
the order dated 19.03.2018 passed by respondent No.
2 – Land Tribunal in LRF (T) ALK.12/74-75 (Annexure-
F), conferring occupancy rights in favour of
respondent Nos. 3 to 7.

2. It is the case of the petitioners that the husband
of petitioner No. 1-M.B. Kasetty, had purchased land
bearing Sy. No. 100, measuring 5 acres and 25
guntas, situated at Alkola Village, Shivamogga Taluk,

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from his vendor-Siddappa, under a registered Sale
Deed dated 23.01.1967. It is further contended that
the name of M.B. Kasetty was duly mutated in the
revenue records, as evidenced by Annexures-B and
B1, respectively.

3. It is further stated that the husband of
respondent No. 3, Kariyappa, had filed Form No. 7
seeking grant of occupancy rights in respect of the
subject land, which was granted by the Land Tribunal
on 25.11.1978. The said order was challenged by M.B.
Kasetty before this Court in W.P. No. 783 of 1979.
This Court, by order dated 03.02.1983, allowed the
writ petition and remanded the matter to the Land

Tribunal for fresh consideration. Thereafter, the Land
Tribunal, by order dated 23.04.1987 (Annexure-C),
conferred occupancy rights in favour of the said
Kariyappa to an extent of 1 acre. The said order was

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challenged before this Court in W.P. No. 5667 of 1994.
This Court, by order dated 13.08.1998 (Annexure-D),
allowed the writ petition and remitted the matter to
the Land Tribunal for fresh consideration.

4. It is further stated in the writ petition that the
legal representatives of Kariyappa had challenged the
rejection of 04 acres of land through order dated
23.04.1987 by the Land Tribunal in W.P. No. 29979 of
2001. This Court, by order dated 28.03.2007
(Annexure-E), permitted the petitioners therein to
withdraw the writ petition. Thereafter, the
respondent–Land Tribunal, by order dated 19.03.2018
(Annexure-F), partly allowed the claim and conferred
occupancy rights in respect of an extent of 4 acres and
5 guntas in favour of the legal representatives of
Kariyappa. Being aggrieved by the said order, the
petitioners have filed the present writ petition.

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5. Heard Sri. P.N. Harish, learned counsel appearing
for the petitioners; Smt. Sharada H.V., learned
Additional Government Advocate appearing for the
respondent-State; Sri. S.M. Chandrashekar, learned
Senior Counsel appearing on behalf of Sri. N. Murali,
learned counsel appearing for the respondent Nos. 3
to 7 and Sri. Rudrabhushan C., learned counsel
appearing for the respondent Nos. 8 and 10 and Sri.
S.V. Prakash, learned counsel appearing for the
respondent No.9.

6. It is contended by the learned counsel, Sri. P.N.
Harish, appearing for the petitioners, that no enquiry
was conducted before the respondent-Land Tribunal
as required under Rule 17 of the Karnataka Land
Reforms Rules, 1977 before passing the impugned
order. It is further contended that, originally, by order
dated 23.04.1987, an extent of 1 acre of land was

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granted in favour of Kariyappa. The said order was
challenged by the legal representatives of Kariyappa
before this Court in W.P.No.29979 of 2001. This
Court, by order dated 28.03.2007, as per Annexure-E,
permitted the petitioners therein to withdraw the said
writ petition. It is, therefore, contended that
conferring an extent of 4 acres 5 guntas of land in
favour of the respondent Nos.3 to 7 by the Land
Tribunal under the impugned order is contrary to law.
Accordingly, learned counsel seeks interference by this
Court with the impugned order.

7. Sri. P.N. Harish, learned counsel appearing for
the petitioners, contended, by referring to the
depositions of the witnesses examined on behalf of the
respondents, that the evidence is contradictory with
regard to the cultivation of the land in question and
the said aspect of the matter has not been considered

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by the Land Tribunal and, therefore, sought
interference by this Court. It is further contended by
the learned counsel appearing for the petitioners that
the grant made under the impugned order is based on
the evidence adduced by the parties prior to the order
of remand passed by this Court. Therefore, it is
submitted that the findings recorded by the Land
Tribunal warrants interference by this Court.

8. Per contra, Sri. S.M. Chandrashekar, learned
Senior Counsel appearing for respondent Nos.3 to 7,
contended that the father of petitioner No.2, namely,
M.B. Kasetty, himself deposed that the respondents
were cultivating the land in question. Therefore, it is
submitted that no interference is warranted in the
present writ petition. It is further submitted that the
names of the private respondents are reflected in the

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revenue records and, accordingly, sought dismissal of
the writ petition.

9. Smt. Sharada H.V., learned Additional
Government Advocate appearing for respondent-
State, sought to justify the impugned order passed by
the Land Tribunal and produced the original records.

10. Having heard the learned counsel appearing for
the parties, it is not in dispute that the husband of
respondent No.3, namely, Kariyappa, filed Form No.7
seeking conferment of occupancy rights in respect of
land bearing Sy.No.100 of Alkola Village, Shivamogga
Taluk, measuring 5 acres 25 guntas. The Land
Tribunal, by order dated 25.11.1978, conferred
occupancy rights in respect of an extent of 4 acres 5
guntas. The said order was thereafter challenged
before this Court in W.P.No.783/1979. This Court, by
order dated 03.02.1983, quashed the order passed by

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the Land Tribunal and remanded the matter to the
Land Tribunal for fresh consideration.

11. Thereafter, the Land Tribunal, by order dated
23.04.1987 (Annexure-C), granted occupancy rights in
respect of an extent of 1 acre of land in favour of
Kariyappa. The said order was challenged by the
father of petitioner No.2 before the Land Reforms
Appellate Authority in LRA No.87/1987. Consequent
upon the abolition of the Appellate Authority, the
proceedings were transferred to this Court in
C.P.No.105 of 1990 and were subsequently registered
as W.P.No.5667 of 1994, filed by Kariyappa, the
tenant. This Court, by order dated 13.08.1998
(Annexure-D), set aside the order passed by the Land
Tribunal and remanded the matter to the Land
Tribunal for fresh consideration in accordance with
law.

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12. In the meanwhile, the order dated 23.04.1987
passed by the Land Tribunal was challenged before
this Court in W.P.No.29979/2001. This Court, by order
dated 28.03.2007 (Annexure-E), permitted the legal
representatives of Kariyappa to withdraw the said writ
petition. Though the learned counsel appearing for the
petitioners submitted that the withdrawal of
W.P.No.29979 of 2001 is pertaining to the grant of 1
acre of land in question only, however, the Land
Tribunal has rightly considered the entire extent of
land based on Form No.7 filed by late Kariyappa, as
per Annexure-A, as this court has already remanded
the matter for fresh consideration.

13. However, the findings recorded by the Land
Tribunal in the impugned order (Annexure-F) is based
on the evidence recorded on 23.04.1987, which was
prior to the order dated 13.08.1998 passed by this

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Court in W.P.No.5667 of 1994 (Annexure-D). In that
view of the matter, I find force in the submission
made by the learned counsel appearing for the
petitioners that the Land Tribunal ought to have
considered the evidence recorded subsequent to the
order of remand passed by this Court in W.P.No.5667
of 1994. Accordingly, I pass the following:
ORDER
allowed
i. The writ petition is .
ii. The order dated 19.03.2018 (Annexure-F)
passed by the Land Tribunal,
Shivamogga, is hereby set aside. The
matter is remitted to the Land Tribunal
for fresh consideration in the light of
Form No.7 filed by late Kariyappa, as per
Annexure-A.

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iii. The Land Tribunal is directed to provide an
opportunity to the parties to adduce fresh
evidence and thereafter pass appropriate
orders in accordance with law.
iv. The parties are at liberty to adduce
evidence before the Land Tribunal.
Accordingly, they are directed to appear
before the Land Tribunal on 23.11.2026
at 3:00 p.m., without seeking any further
adjournment. Upon their appearance, the
Land Tribunal shall proceed with the
matter and dispose of the same within a
period of one year from the date of
appearance of the parties.
SD/-
(E.S.INDIRESH)
JUDGE


SB List No.: 1 Sl No.: 48