IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 444 OF 2025 (KLR-LG)

BETWEEN:

1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED BY ITS SECRETARY VIDHANA SOUDHA BENGALURU-560 001.

2. THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT DISTRICT COMMISSIONER'S OFFICE STATE BANK ROAD, MANGALURU-575 001.

3. THE TAHSILDAR Digitally signed OFFICE OF THE TAHSILDAR by PRABHAKAR ULLALA TALUK, DAKSHINA KANNADA DISTRICT-576 101.

SWETHA KRISHNAN …APPELLANTS Location: High Court of (BY SMT NAMITHA MAHESH B G, AGA )

Karnataka AND:

1. MR. RAMANATHA SHETTY S/O KRISHNA SHETTY AGED ABOUT 63 YEARS RESIDENT OF KAKKEMAJALU HOUSE DARALAKATTE POST, MANGALURU-574 199.

…RESPONDENT THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE WRIT APPEAL BY SETTING ASIDE THE ORDER DATED 11/09/2024 PASSED IN WP NO.14790/2024 AND ETC.

THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. For the reasons stated in the application―I.A.No.1/2025, the same is allowed. The delay of 158 days in filing the appeal is condoned.

2. The appellants have filed the present appeal impugning an order dated 11.09.2024 passed by the learned Single Judge of this Court in W.P.No.14790/2024 (KLR/LG).

3. The respondent had filed the said petition impugning Condition No.2 as imposed by appellant No.2 in the order of grant dated 17.09.2022 as well as Condition Nos.4 and 7 as imposed by appellant No.3 in the grant certificate dated 17.09.2022.

4. Briefly stated, the facts are that one Sri K. Mundappa Shetty had applied for grant of land falling in Survey No.1-1B, measuring 5 acres situated at Konaje Village, Mangaluru Taluk for the purpose of cashew cultivation [subject land]. The Tahsildar, Mangaluru passed an order dated 02.01.1962 granting the subject land under Rule 3(i) of the South Kanara District Lease of Lands for Cashewnut Cultivation Rules, 1957 [hereafter, 'the Rules']. Rule

3(i) of the Rules is set out below:

"Land shall be granted on a thirty year lease with option to the lessee for its renewal on the expiry of the thirty year period in respect of those lessee who fulfil the terms and conditions of the grant satisfactorily. The lessee shall also be given the option to acquire permanent ownership of land on the expiry of thirty years on payment of the value of the land fixed at the time of the grant itself.

5. In terms of the Rules, the land was granted for a period of 30 years with an option to the lessee to renew on expiry of 30 years. Further, those lessees who fulfil the terms and conditions of the grant satisfactorily, would also be entitled to acquire permanent ownership of the land on payment of the value of the land fixed at the time of the grant. The said terms were also incorporated in the grant order dated 30.12.1961 in favour of Sri K. Mundappa Shetty.

Paragraph 2 of the grant order is set out below:

"The grantee has the option for the renewal of the lease on the expiry of the thirty year period if he has fulfilled the terms and conditions of the grant satisfactorily. The grantee shall also have the option to acquire permanent ownership of the land on the expiry of thirty years on payment of the value of the land fixed at the time of the grant itself."

6. There is no allegation that Sri K. Mundappa Shetty did not comply with the terms of the grant order dated 30.12.1961 or any of the terms and conditions as required in law.

7. Sri K. Mundappa Shetty was survived by his daughter, Kalyani alias Prema Shetty. After the completion of the lease period, she submitted a representation for grant of ownership of the subject property. Thereafter, the Assistant Commissioner, Mangaluru had recommended the transfer of ownership