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2025 Supreme(Online)(KAR) 10749

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
MRS JUSTICE M.G.UMA, J
Nagappa S/o. Irappa Masuthi – Appellant
Versus
State Of Karnataka Represented By Secretary To Government – Respondent


Advocate Appeared:
For the Appellant :SHRI MALLIKARJUN SWAMY B. HIREMATH, AND SMT. GAYATRI S. R., ADVOCATES
For the Respondent:SRI. T. HANUMAREDDY, AGA FOR R1 & R2; SRI. SHIVAPRASAD PATIL, ADVOCATE FOR R3

ORAL ORDER

The petitioners have approached this Court seeking issuance of writ in the nature of Certiorari, to quash the impugned order dated 08.09.2002 passed by respondent No.2 produced as per Annexure-H, and order dated 23.04.2008, passed by the Karnataka Appellate Tribunal, (‘KAT’ for short) produced as per Annexure-N.

2. Heard Sri Mallikarjunswamy B.Hiremath learned counsel for the petitioners, Shri T. Hanumareddy, learned Additional Government Advocate for respondent Nos.1 and 2 and Smt.P.R.Bentur, learned counsel for respondent No.3. Perused the materials on record.

3. It is the contention of the learned counsel for the petitioners that, the petitioners’ father by name Irappa Masuthi, was the tenant who was in possession and cultivation of the land since 1967. Accordingly, the Record of Rights referred to the name of Irappa Masuthi, as the tenant in possession and cultivation of the land. But he had not filed Form No.7 claiming occupancy right. After death of Irappa Masuthi, petitioners being his sons, have filed Form No.7-A on 12.03.1999, produced as per Annexure-B claiming the property. The said application came to be rejected by the Land Tribunal by passing the impugned orde

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