IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 57305 OF 2015 (LR)

BETWEEN:

1. SMT. MALLIKA SITARAM SHETTY W/O LATE SEETHARAMA SHETTY, AGED ABOUT 52 YEARS, R/AT KUTHPADY BAILUMANE KUTHPADY VILLAGE AND POST, UDUPI TALUK AND DISTRICT.

2. SRI SHREEPRASAD SITARAM SHETTY S/O LATE SEETHARAMA SHETTY, AGED ABOUT 32 YEARS, R/AT KUTHPADY BAILUMANE KUTHPADY VILLAGE AND POST, UDUPI TALUK AND DISTRICT.

Digitally signed 3. SMT.SHREELATA SHETTY by PANKAJA S D/O LATE SEETHARAMA SHETTY Location: HIGH AGED ABOUT 30 YEARS, COURT OF KARNATAKA R/AT KUTHPADY BAILUMANE KUTHPADY VILLAGE AND POST, UDUPI TALUK AND DISTRICT.

PETITIONERS 1 TO 3 ARE REPRESENTED BY THEIR GENERAL POWER OF ATTORNEY HOLDER SRI ROSHAN SHETTY, S/O KARUNAKAR SHETTY, AGED ABOUT 34 YEARS, R/AT "VAISHNAVI", KADEKAR VILLAGE AND POST, UDUPI TALUK, UDUPI DISTRICT.

…PETITIONERS (BY SRI. HAREESH BHANDARY T, ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT MULTI-STORIED BUILDING DR.AMBEDKAR VEEDHI BANGALORE-560 001.

2. THE LAND TRIBUNAL UDUPI TALUK, UDUPI DISTRICT, BY ITS SECRETARY.

3. SRI MONUPOOJARY S/O BYYA POOJARY SINCE CECEASED BY HIS LEGAL REPRESENTATIVES a)

RAMANI POOJARTHY W/O KUKRO POOJARY AGED ABOUT 73 YEARS, b) SUDHAKAR S/O KUKRO POOJARY, AGED ABOUT 52 YEARS, c) DIVAKAR S/O KUKRO POOJARY, AGED ABOUT 49 YEARS, d) JAYANTHI D/O KUKRO POOJARY, AGED ABOUT 55 YEARS, e) SUMANA D/O KUKRO POOJARY, AGED ABOUT 37 YEARS, f) HARISH S/O KUKRO POOJARY, AGED ABOUT 41 YEARS, ALL ARE RESIDING AT 9-53, "RAMANI NIVAS", SAMAYYA ROAD, KADEKAR VILLAGE & POST UDUPI TALUK, UDUPI DISTRICT.

…RESPONDENTS (BY SRI. NEELAKANTAPPA K PUJAR, HCGP FOR R1 & R2 SRI. JEEVAN K, ADVOCATE FOR R3 (B, D & E)

SRI. T. MOHANDAS RAO, ADVOCATE FOR R3(C) & R(F)

R3(B) TO R3(F) ARE TREATED AS LR'S OF DECEASED R3(A))

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE R-2 TRIBUNAL WHICH ULTIMATELY RESULTED IN PASSING THE IMPUGNED ORDER ANNX-A DTD. 12.1.1978 MADE BY THE R-2 TRIBUNAL IN SO FOR AS IT RELATES TO GRANTING OCCUPANCY RIGHTS OF LAND BEARING SY.NO.92/4A MEASURING 94 CENTS TO THE R-3 HEREIN.

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

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

1. The petitioners are seeking a writ of certiorari to quash the impugned order dated 12.01.1978 passed in No.LRY/72/76/TR/2971/78-79 by respondent No.2 - Tribunal at Annexure-'A', insofar as it relates to granting occupancy right in respect of land bearing Sy.No.92/4A measuring 94 cents to respondent No.3.

2. The grievance of the petitioners is that the land bearing Sy.No.92/4A situated at Kadekar village, Udupi Taluk totally measuring 94 cents is an agricultural land and one Sri Dejappa Shetty i.e., the petitioners' grandfather was a tenant in occupation of 30 cents of land in Sy.No.92/4A along with other lands under the landlord Krishna Karanth. After the death of Dejappa Shetty, his son Putta Shetty continued his tenancy on behalf of the family members and thereafter, the said Putta Shetty filed Form No.7 claiming occupancy right in respect of 30 cents of land in Sy.No.92/4A along with 10 other items of land. The Land Tribunal granted occupancy right in respect of 0.26 cents of land in Sy.No.92/4A2 vide order dated 25.08.1976 and thereafter, Form No.10 issued. Subsequently, there was a family partition in the family of Putta Shetty including the aforesaid land in Sy.No.92/4A.

3. Later, respondent No.3 filed Form No.7 claiming 62 cents of land in the same survey number i.e., Sy.No.92/4A. The Land Tribunal, after holding enquiry, granted occupancy right to an extent of 94 cents though respondent No.3 claimed only an extent of 62 cents of land in Sy.No.92/4A. Aggrieved by which, the petitioners are before this Court.

4. I have heard the learned counsel for the petitioners and the learned counsel for the respondents.

5. The primar