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2025 Supreme(Online)(KAR) 10309

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
MRS JUSTICE M.G.UMA, J
Gurunath S/o. Shripad Joshi – Appellant
Versus
Chairman, Land Tribunal Ramadurg – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. SANGRAM S. KULKARNI, ADVOCATE
For the Respondent:SRI. T.HANUMAREDDY, AGA FOR R1 & R2; SRI. CHETAN MUNNOLI, ADVOCATE FOR R3 TO R6

Judgement Key Points

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ORAL ORDER

The petitioners being the legal representatives of the original owner have approached this Court seeking issuance of writ in the nature of Certiorari to quash the order dated 10.03.2011, passed by the Land Tribunal, Ramadurg produced as per Annexure-D, conferring occupancy right in favour of the tenants i.e., respondent Nos.3 to 6.

2. Heard Sri Sangram S.Kulkarni learned counsel for the petitioners, Sri T.Hanumareddy, learned Additional Government Advocate for respondent Nos.1 and 2 – State and Sri Chetan Munnoli, learned counsel for respondent Nos.3 to 6. Perused the materials on record.

3. Learned counsel for the petitioners contended that the land in Sy.No.129 measuring 9 acres 19 guntas, situated of Chunchannur village, Ramadurg taluk was owned by the original owner Gurunath Joshi. The land was leased in favour of Basappa Hubballi, who was cultivating the land. But the tenant surrendered the possession of the land in favour of the owner during 1957, under the provisions of Bombay Tenancy & Agricultural Land Act, 1948 (‘BTAL Act’ for short). The said Basappa died on 22.02.1961. In the meantime, the son of Basappa by name Bhimappa Hubballi started interfering with the pos

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