Karnataka HC Rejects Heirs’ Claim To 20 Guntas, Citing Final 1979 Occupancy Grant to Tenant

The petitioners, legal representatives of Channappa, claimed 20 guntas in Survey No. 127, Uttari Village, under a registered sale deed dated 12 April 1968 in favour of Channappa’s father, Kariyappa.

They challenged the Special Deputy Commissioner’s order/official memorandum dated 18 November 2017, contending, among other things, that Kariyappa had not been given an opportunity to be heard.

The respondents relied on a Land Tribunal order dated 22 June 1979, made in proceedings under Section 48-A of the Karnataka Land Reforms Act, which granted occupancy rights in respect of the land to K. Mallaiah.

The Court noted that the Land Tribunal proceedings had been initiated under Section 48-A of the Karnataka Land Reforms Act and that the Tribunal had granted occupancy rights in the subject land.

It treated the Tribunal’s order, having reached finality, as defeating the petitioners’ claim to the land.

Although the petitioners relied on the registered sale deed and raised a lack-of-opportunity objection, the Court focused on the Land Tribunal’s 1979 order granting occupancy rights to K. Mallaiah.

Because that order had reached finality, the Court held that the petitioners had no legal right to claim the 20 guntas; it did not separately elaborate on the procedural objection or independently assess the Deputy Commissioner’s order.

It dismissed the writ petition.