IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 2412 OF 2021 (LR)

BETWEEN:

1. RAGHURAMA DASA S/O LATE SHEENADASA, AGED ABOUT 68 YEARS, R/AT: BANGARABAILU HOUSE, PERDOOR VILLAGE AND POST, UDUPI TALUK AND DISTRICT-576 124 … PETITIONER (BY SRI. G BALAKRISHNA SHASTRY., ADVOCATE)

AND:

1. LAND TRIBUNAL UDUPI, Digitally signed REP BY ITS SECRETARY, by VIDYA G R TALUKA UDUPI AND Location: HIGH COURT OF DISTRICT UDUPI KARNATAKA

2. THE STATE OF KARNATAKA REP BY ITS SECRETARY TO THE GOVERNMENT OF KARNATAKA, M S BUILDING, DR B R AMBEDKAR VEEDHI, BANGALORE-560 001

3. SMT RADHA KULAL W/O LATE MAHALINGA KULAL, MAJOR, R/AT BANGRABAILU HOUSE, POST PERDOOR, UDUPI TALUK AND DISTRICT-576 124 SINCE RESPONDENT NO.3 IS DEAD REPRESENTED BY LR's:

4. SMT BABY KULAL D/O LATE MAHALINGA KULAL, MAJOR, R/AT: BANGARABAILU HOUSE, POST PERDOOR, UDUPI TALUK AND DISTRICT-576 124

5. SMT MANJULA KULAL D/O LATE MAHALINGA KULAL, MAJOR, R/AT: BANGRABAILU HOUSE, POST PERDOOR, UDUPI TALUK AND DISTRICT-576 124 … RESPONDENTS (BY SRI. V. SESHU, HCGP FOR R1 & R2;

SRI PRASANNA V.R., ADVOCATE FOR R4 & R5;

V/O DATED 27.08.2024, R4 AND R5 ARE LR's OF DECEASED R3)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER OF THE LAND TRIBUNAL DTD. 20.11.1976 IN SO FAR AS GRANTING OCCUPANCY RIGHT IN RESPECT OF LAND AT SURVEY NO.129/46 (DENOTED AS SURVEY NO.129/46-B) TO AN EXTENT OF 70 CENTS OF PERADURU VILLAGE TALUKA UDUPI, THE CERTIFIED COPY OF WHICH ORDER IS PRODUCED AT ANNEXURE-A AND ETC.

THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

ORAL ORDER

The present petition has been filed seeking for issuance of writ of certiorari to set aside the order of the Tribunal dated 20.11.1976 insofar as granting occupancy rights in respect of Sy. No. 129/46 (also referred as Sy. No. 129/46-B) with respect to an extent of 70 cents in Peraduru Village, Udupi Taluk and Udupi District.

2. Petitioner is the grandson of Govinda Dasa and it is the case of the petitioner that they were granted occupancy rights by virtue of the order of the Land Tribunal in Case No.LRY-39-102-TRI-238-76-77 dated 16.10.1976, whereby the Land Tribunal had granted an extent of 70 cents in Sy. No. 129/46B. Further, after the order of the Land Tribunal at Annexure-F, Form-10 came to be issued at Annexure-G. It is also borne out from the records that the Tribunal had made a grant with respect to the same survey number by virtue of the order at Annexure-A in case No.LRY-39-478-TRI-1353-76-77, wherein an extent of 2 acres 16 cents of occupancy rights were granted in Sy. No. 129/46 by virtue of the order dated 20.11.1976 which is about 30 days after the order at Annexure-F. Further, in terms of the order of the Land Tribunal, Form-10 came to be issued on 16.01.1981 copy of which is produced at Annexure-R1.

3. It is not in dispute that the grant of occupancy rights as per the orders at Annexures-A and F overlap. The only contention raised by the respondents is that the writ petition is filed belatedly after an unreasonable period of time and as the respondents were already in enjoyment of the property, that the rights accrued by lapse of time ought not to be disturbed. It is however submitted by respondents 4 and 5 that with respect to Sy. No. 129/46, there is another claimant by name Appi Bai who had filed Form-7 and copy of which is filed along with a memo. It is submitted at this point of time, disturbing such rights would be inequitable and the writ petition be disposed of due to latches.

4. It must be seen that in terms of the procedure applicable as contained in Rule 17(6) of the Karnataka Land Reforms Rules, 1974 where there are more applications than one for the registration of occupancy rights by different persons in respect of the same land, those cases shall be clubbed together and a common order passed. The m