IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS 05^th DAY OF FEBRUARY, 2025 PRESENT HON'BLE MR. JUSTICE R. DEVDAS AND HON'BLE MR. JUSTICE G. BASAVARAJA WRIT APPEAL NO.200503 OF 2016 BETWEEN

1. SMT. AMINA W/O LATE MURTHUJASAB RISALDAR, AGED ABOUT: 78 YEARS OCC: AGRICULTURE, 2. SRI MOHAMMAD HANIF S/O LATE MURTHUSASAB RISALADAR AGED ABOUT 55 YEARS OCC: AGRICULTURE , 3. SRI LALASAB S/O LATE MURTHUSASAB RISALADAR AGED ABOUT 65 YEARS, OCC: AGRICULTURE, 4. SRI KASIMSAB S/O LATE MURTHUSASAB RISALADAR AGED ABOUT 45 YEARS OCC: AGRICULTURE, ALL ARE R/O KILLAGALLI, MUDDEBIHAL - 586 212 DISTRICT: VIJAYAPUR. 5. SMT. HUSSENBI W/O DONGALI SAB AVATI AGED ABOUT 58 YEARS R/O AVATIGALLI, NALATHVAD MUDDEBIHAL - 586 212 VIJAYAPUR DISTRICT.

6. SMT. MEHABOOBI W/O HUSSENSAB MULLA, AGED ABOUT 50 YEARS R/O KILLAGALLI, MUDDEBIHAL - 586 212 VIJAYAPUR DISTRICT.

…APPELLANTS (BY SRI SREEVATSA S, SR. COUNSEL FOR SRI R.S. SIDHAPURKAR, ADVOCATE)

AND:

1. SRI LAXMINARAYANA SHIVARAM NAVAD S/O LATE SHIVARAM NAVAD AGED ABOUT 87 YEARS, R/O OPP. MUNICIPAL OFFICE MAHANTESH NAGAR MUDDEBIHAL 586 212 VIJAYAPUR DISTRICT.

2. SRI JANARDHANA SHIVARAMA NAVAD S/O LATE SHIVARAM NAVAD AGED ABOUT 84 YEARS, R/O OPP. MUNICIPAL OFFICE MAHANTESH NAGAR MUDDEBIHAL 586 212 VIJAYAPUR DISTRICT

3. SRI SHANKARNARAYANA SHIVARAM NAVAD S/O LATE SHIVARAM NAVAD AGED ABOUT 80 YEARS, R/O NO.18/01, 1^ST MAIN ROAD VIJAYARANGAM LAYOUT BASAVANAGUDI, BENGALURU 560 004

4. SRI SURESH SHIVARAMA NAVAD S/O LATE SHIVARAM NAVAD AGED ABOUT 65 YEARS, R/O NO.6, 1^ST 'G' CROSS SUBBANNA GARDEN VIJAYANAGAR, BENGALURU 560 040

5. THE STATE OF KARNATAKA BY ITS SECRETARY TO THE REVENUE DEPARTMENT M.S. BUILDING, BENGALURU 560 001

6. THE LAND TRIBUNAL MUDDEBIHAL AT MUDDEBIHAL - 586 212 BY ITS CHAIRMAN.

…RESPONDENTS (BY SRI AMEET KUMAR DESHPANDE, SR. COUNSEL FOR SRI SACHIN M MAHAJAN, ADVOCATE FOR R1 TO R4;

SRI MALLIKARJUN SAHUKAR, AGA FOR R5 AND R6)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS, ALLOW THE APPEAL AND SET ASDIE THE ORDER DATED 30.08.2016 PASSED IN WP NO.100497-50 OF 2013 (LR-RES) AND DISMISS THE WRIT PETITION WITH COSTS.

THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 17.12.2024 AND COMING ON FOR "PRONOUNCEMENT OF ORDERS" THIS DAY, BASAVARAJA J., PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE R. DEVDAS and HON'BLE MR. JUSTICE G. BASAVARAJA

CAV JUDGMENT

(PER: HON'BLE MR JUSTICE G BASAVARAJA)

1. This intra-court appeal is preferred against the order dated 30^th August, 2016 passed in Writ Petitions No.100497–

500 of 2013 by the learned Single Judge.

2. Brief facts leading to this appeal are that, appellants contend that they are the tenants of land bearing Survey No.76, measuring 17 acre 19 guntas situate at Muddebihal, Vijayapur District. Earlier, one Murthujasab son of late Kasimsab Risaldar was the protected tenant of the said land. His name was entered in the revenue records as protected tenant under Mutation Entry No.604. However, subsequently under Mutation Entry No.735, his name was entered as an ordinary tenant and was continued to be in possession and occupation of the land in question. On coming into force Act No.1 of 1974 with effect from 01^st March 1974, the children of deceased Murthujasab Risaldar filed Form No.7 for grant of occupancy rights before the respondent No.6 herein. The said Application was registered in File No.LRM/72/SR–9+15 on the file of respondent No.6. On an earlier occasion, the Land Tribunal rejected the said application and therefore, one Dastagirsab and others filed Writ Petition No.8044 of 1983, the said writ petition was allowed and the matter was remanded to the Land Tribunal for holding enquiry afresh, in compliance with the Rules. Subsequently, the Land Tribunal again rejected the said application on 02^nd September 1985, holding that the appellants are not the tenants. This order was challenged by the appellants herein in Writ Petition No.29820 of 1997 which came to be allowed vide order dated 26^th May,