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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R.DEVDAS
Marian Peres Bhatt, S/o. Late Gilbert Felix Bhat – Appellant
Versus
State Of Karnataka, rep. By Principal Secretary, Department Of Revenue – Respondent
ORDER :
R. DEVDAS, J.
The petitioner is aggrieved of the impugned endorsement at Annexure-A dated 24.01.2025 issued by the 3rd respondent-Tahsildar, Mangaluru Taluk.
2. The matter brought before this Court has a checkered history. Earlier too, this Court had an occasion to deal with the matters between the rival parties in W.P.No.14613/2022. But before venturing into the said dispute and decisions rendered by this Court, a few facts have to be narrated.
3. The Land Tribunal, Mangaluru Taluk considered an application filed by Smt.Girija w/o Sheena Poojari, who had sought for occupancy rights in respect of various survey numbers including Sy.No.36/2A. In Form No.7, Smt.Girija, had sought for occupancy rights to an extent of 2 Acres 60 Cents in respect of Sy.No.36/2A. An order was passed by the Land Tribunal on 23.07.1981 confirming the occupancy rights in favour of Smt.Girija including Sy.No.36/2A. However, Smt. Girija once again moved the Land Tribunal by filing an application on 11.10.1996, invoking the proviso to sub-section (6) sub-section 48A of the Karnataka Land Reforms Act, 1961. At this juncture, it would be relevant to notice the contents of the application filed by Smt.Girija.
Court emphasized discouraging frivolous litigation by imposing exemplary costs on parties making misleading claims, clarifying occupancy rights under the Karnataka Land Reforms Act.
Point of law: Advising the petitioner to settle the dispute in civil court, as it is a title dispute by the third respondent issuing the impugned proceedings is failure to discharge public duty by th....
(1) Karnataka Land Reforms Act, 1961 is a beneficent legislation for granting occupancy rights to cultivating tenants of agricultural lands.(2) Order of remand cannot be passed as a matter of course ....
Administrative authorities must ensure due process in decisions affecting property rights, including proper notice and opportunity to be heard.
The court emphasizes that administrative actions regarding property must await the resolution of pending appeals to ensure fairness and legal compliance.
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