SRI. NAGAPPA v. THE STATE OF KARNATAKA

(BY SRI. K.H. BAGI, ADVOCATE) AND:

#3. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560 001. THE CHAIRMAN, LAND TRIBUNAL, KUNDGOL-581 113, DIST: DHARWAD. THE TAHASILDAR, TQ: KUNDGOL-581 113, DIST: DHARWAD. SRI. SUBRAMANNYA S/O. BHIMARAO DESHAPANDE, SINCE DECEASED BY HIS LR’S., 4A. SMT. BAGYASHREE W/O LATE SUBRAMANNYA DESHAPANDE, AGE. 42 YEARS, OCC. SERVICE, CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:14736 WP No. 67716 of 2011 HC-KAR R/O. 148/B, BLOCK NO.II, RAJAJINAGAR, BENGALURU. 4B. KUMARI TRUPTHI D/O LATE SUBRAMANNAYA DESHAPANDE, AGE. 19 YEARS, OCC. STUDENT, R/O. 148/B, BLOCK NO.II, RAJAJINAGAR, BENGALURU. 4C. KUMAR JAYATHERTHA S/O LATE SUBRAMANNAYA DESHAPANDE, AGE. 13 YEARS, OCC. STUDENT, R/O. 148/B, BLOCK NO.II, RAJAJINAGAR, BENGALURU. R/BY NATURAL GUARDIAN BY HIS MOTHER, SMT. BAGYASHREE (RESPONDENT NO.4A).

#5. SRI. NANARAO S/O. VENKATARAO DESHAPANDE, AGE: 75 YEARS, OCC: RETIRED GOVT. SERVICE, R/O: KUNKUR, TQ: KUNDGOL-581 113, DIST: DHARWAD.

#6. SRI. PRAHALADARAO S/O. VENKATARAO DESHAPANDE, AGE: 72 YEARS, OCC: RETIRED GOVT. SERVICE, R/O: KUNKUR, TQ: KUNDGOL-581 113, DIST: DHARWAD.

#7. VAMANRAO S/O. VENKATARAO DESHAPANDE, AGE: 60 YEARS, OCC: NILL, R/O: BELLATTI-582 112, TQ: SHIRAHATTI, DIST: GADAG. 7A. SHOBHA W/O VAMANRAO DESHAPANDE, AGE. 55 YEARS, OCC. HOUSEHOLD WORK, R/O. SHIRAHATTI, NEAR RAGHAVENDRA MATH TEMPLE, TQ. SHIRAHATTI, DIST. GADAG. - 3 - NC: 2025:KHC-D:14736 WP No. 67716 of 2011 HC-KAR 7B. VAZU S/O VAMANRAO DESHAPANDE, AGE. 40 YEARS, OCC. NOT KNOWN, R/O. SHIRAHATTI, NEAR RAGHAVENDRA MATH TEMPLE, TQ. SHIRAHATTI, DIST. GADAG. 7C. GIRISH S/O VAMANRAO DESHAPANDE, AGE. 35 YEARS, OCC. NOT KNOWN, R/O. SHIRAHATTI, NEAR RAGHAVENDRA MATH TEMPLE, TQ. SHIRAHATTI, DIST. GADAG. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1-R3; SRI. MRUTYUNJAY TATA BANGI, ADVOCATE FOR R8 AND R9; SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR R5; NOTICE TO R4(A TO C) AND R6 ARE SERVED; SRI. MRUTYUNJAY S. HALLIKERI, ADVOCATE FOR R7 (A TO C)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS OF LAND TRIBUNAL KUNDGOL IN NO.KLR:SR:36/21, KUNDGOL DATED: 02/11/2011 VIDE ANNEXURE-G; ISSUE A WRIT OF CERITIORAI QUASHING THE ORDER PASSED BY THE LAND TRIBUNAL, KUNDGOL, 2ND RESPONDENT IN CASE NO.LAND TRIBUNAL KUNDGOL IN NO.KLR:SR:36/21, KUNDGOL DATED: 02/11/2011 VIDE ANNEXURE-G IN SO FAR REJECTION OF APPLICATION, BY ALLOWING THIS WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE A WRIT OF MANDAMUS DIRECTING THE 2ND RESPONDENT NAMELY LAND TRIBUNAL, KUNDGOL TO GRANT OCCUPANCY RIGHTS IN RESPECT OF SY.NO.52 MEASURING 16 ACRES, SY.NO.53 MEASURING 8 ACRES AND SY.NO.139 MEASURING 2 ACRES 21 GUNTAS OF LAND SITUATED AT KUNKUR VILLAGE AS PER FORM NO.7 FILED BY THE TENANT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:14736 WP No. 67716 of 2011 HC-KAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard learned counsel Sri. K.H. Bagi appearing for the petitioner, learned Counsel Sri. Mrutyunjay Tata Bangi appearing respondents No.8 9, learned counsel Sri. Hanumanthareddy Sahukar appearing for respondent No.5, learned counsel Sri. Mrutyunjay S. Hallikeri appearing for respondent No.7 (a to c) and learned Additional Government Advocate for respondents No.1 to 3.

#2. This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner assailing the order dated

02.11.2011 passed in case No.KLR:SR:36/21 on the file of Land Tribunal, Kundgol1.

#3. In respect of Sy.No.52 measuring 16 acres, Sy.No.53 measuring 08 acres and Sy.No.139 measuring 02 acres 21 guntas of land situated at Kunkur village of Kundgol taluk, occupancy rights are granted in favour of the petitioner. 1 Hereinafter referred to as the ‘Land Tribunal’ - 5 - NC: 2025:KHC-D:14736 WP No. 67716 of 2011 HC-KAR

#4. Learned counsel for the petitioner would submit that petitioner's father, the original applicant, died on 05.05.2006. However, the legal representatives of deceased applicant Nagappa, were not brought on record by the Tribunal. Thus, he would contend that the order has to be set aside.

#5. Learned counsel for the respondents would submit that the present petitioner entered appearance through an advocate after the death of the original applicant and prosecuted the matter. It is submitted that the advocate, who entered appearance on behalf of the alleged legal representative of deceased original Form No.7 applicant, died before the order was passed by the Tribunal.

#6. It is noticed that there was no proper application filed before the Tribunal seeking to bring the legal representatives of the deceased on record, nor is there any clarity as to whether any legal representatives other than the present petitioner survived the deceased. The question as to who the original Form No.7 applicant was also requires consideration.

#7. Hence, the following: - 6 - NC: 2025:KHC-D:14736 WP No. 67716 of 2011 HC-KAR ORDER a) The writ petition is allowed. b) The order dated 02.11.2011 passed in case No.KLR:SR:36/21 by the Land Tribunal, Kundgol, is set aside and the matter is remitted back to the Tribunal. c) The petitioner is permitted to file an application to substitute all representatives of deceased original Form No.7 applicant. d) In case, any of the respondents are no more, the petitioner shall also appropriate application to substitute the legal representatives of the respondents before the Tribunal. e) The Tribunal shall implead all such persons as parties, and thereafter, hold enquiry and pass appropriate orders. - 7 - NC: 2025:KHC-D:14736 WP No. 67716 of 2011 HC-KAR f) It is made clear that the adjudication is only confined to the property is referred to in the first page of the impugned order dated

02.11.2011, namely Sy.No.52 measuring 16 acres, Sy.No.53 measuring 08 acres and Sy.No.139 measuring 02 acres 21 guntas of land situated at Kunkur village of Kundgol taluk. g) It is made clear that the remaining portion of 2 acres 21 guntas in Sy.No.139 is not the subject matter of enquiry. h) All contentions are kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 2 SL NO.: 3