IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 65139 OF 2011 (LR)

BETWEEN:

1. SMT. CHALAVADI HULAGAMMA D/O. MALLAPPA, AGE: 62 YEARS, OCC: AGRICULTURE, 2. SMT. CHALAVADI BASAMMA W/O. LATE CHALAVADI DEVENDRAPPA, AGE: 45 YEARS, OCC: AGRICULTURE, 3. DARA SHEKAPPA S/O. LATE MALLAPPA, AGE: 58 YEARS, OCC: AGRICULTURE, 4. HARIJANA SHIVALINGAPPA S/O. MALLAPPA, AGE: 53 YEARS, OCC: AGRICULTURE, 5. WADDARA YELLAPPA S/O. LATE HIMMAPPA, AGE: 43 YEARS, OCC: AGRICULTURE, 6. NAYAKARA RUDRAMMA W/O. HUSSSEINI, AGE: 50 YEARS, OCC: AGRICULTURE, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI 7. NAYAKARA NAGARAJU S/O. CHIDANANDAPPA, Location: HIGH COURT OF AGE: 50 YEARS, OCC: AGRICULTURE, KARNATAKA DHARWAD BENCH Date: 2025.11.19

12:20:58 +0530 8. GOLLARA LAXMANA S/O. MALLAYYA, AGE: 48 YEARS, OCC: AGRICULTURE, 9. AGASARA MUNIYAMMA W/O. AGASARA IRANNA, AGE: 50 YEARS, OCC: AGRICULTURE, ALL ARE R/O: RARAVI VILLAGE, TQ: SHIRAGUPPA, DIST: BALLARI.

… PETITIONERS (BY SRI. GIRISH V. BHAT, ADVOCATE;

V/O/DATED 30.07.2024 P3, P5, P7 AND P9 ARE ABATED)

AND:

1. THE LAND TRIBUNAL, SIRUGUPPA TALUK, DIST: BALLARI.

2. SMT. NAGAMMA, AGE: 55 YEARS, OCC: AGRICULTURE, 3. DODDA SANNA MUDUKAPPA, AGE: 65 YEARS, OCC: AGRICULTURE, 4. K. LINGAPPA, AGE: 45 YEARS, OCC: AGRICULTURE, 5. K. JAMBANNA, AGE: 43 YEARS, OCC: AGRICULTURE, 6. K. NAGESH, AGE: 40 YEARS, OCC: AGRICULTURE, 7. K. ANAND, AGE: 37 YEARS, OCC: AGRICULTURE, ALL R/O: RARAVI VILLAGE, TQ: SHIRAGUPPA, DIST: BALLARI.

… RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1;

SRI. B. SHARANABASAWA, ADVOCATE FOR R2 TO R7)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR OTHER APPROPRIATE ORDER IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY THE 1^ST RESPONDENT LAND TRIBUNAL, SIRUGUPPA BEARING NO.¸ÀA/PÀA/¨sÀƸÄÀ /37/79-80, RARAVI, DATED 24/03/2011 VIDE ANNEXURE-‘P’ AS ILLEGAL.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

Heard learned counsel appearing for the petitioners, the learned counsel appearing for respondents No.2 to 7 and the learned Government Advocate.

2. The petition is filed assailing the order dated

24.03.2011 marked at Annexure - P passed by the Land Tribunal - respondent No.1. In terms of the said order, the Land Tribunal has held that the holding of the contesting respondents No.2 to 7 is within the permissible ceiling limits under the Karnataka Land reforms Act, 1961 and cancelled the grant in favour of the petitioners which was made earlier.

3. Learned counsel for the petitioners would submit that earlier the Land Tribunal has held that 19 acres 63 cents of land held by Sanna Mallirappa was excess and based on the declaration furnished by him has resumed that land and later, it was granted to the petitioners. Sanna Mallirappa challenged the said order before this Court and the matter was remanded to the Tribunal for fresh consideration.

4. Thereafter, again the Tribunal has held that the land in the name of Sanna Mallirappa is excess.

5. That order was not questioned by Sanna Mallirappa as he died in the year 1988. Thereafter, one Nagamma claiming to be the wife of Sanna Mallirappa filed a Writ Petition along two others, who according to Nagamma are the sons of Dodda Mallirappa and Dodda Mallirappa is said to be the brother of Sanna Mallirappa. It is urged before this Court that the order is passed without proper notice to Sanna Mallirappa and the Writ Petition is filed after the death of Sanna Mallirappa contending that even Dodda Mallaverappa - the brother of Sanna Mallirappa was the joint owner of the property along with Nagamma, who is said to be the wife of Sanna Mallirappa. The Writ Petition was allowed and the matter was remanded. After the remand, the Tribunal passed the impugned order.

6. Learned counsel for the petitioner would sub