Karnataka HC Upholds Occupancy-Rights Grant To Another Claimant As Papanna’s Heirs Showed No Proof Of Cultivation Or Regrant

The petitioners, representing the deceased original petitioner Papanna, challenged the Land Tribunal’s order dated 24 April 2015 granting occupancy rights to respondent No. 5 in respect of lands in Byarasandra Village, including Sy. Nos. 2/6, 4/A2 and 19.

The petitioners sought the Tribunal’s records and quashing of that order under Articles 226 and 227 of the Constitution.

The High Court noted that the original petitioner had produced no material before the Tribunal showing an application for re-grant, cultivation by himself or his predecessors, or an order of re-grant.

The petition invoked the High Court’s jurisdiction under Articles 226 and 227 of the Constitution.

The order does not cite any statute, precedent, or separate legal test governing re-grant or occupancy rights; the Court’s reasoning turned on the absence of supporting material before the Tribunal.

The Court considered the Tribunal’s order and found no material establishing that the original petitioner had applied for re-grant or that he or his predecessors had cultivated the lands.

Nor was an order of re-grant produced, despite the petition’s assertion concerning the petitioner’s rights.

In those circumstances, the Court held the Tribunal’s finding to be just and proper and found no basis for interference.

The Court dismissed the writ petition, leaving the Tribunal’s order dated 24 April 2015 undisturbed.