IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 62314 OF 2011 (KLR-RES)

BETWEEN:

1. SRI. VENKATARAMANA S/O NARASIMHA BHAT, AGED ABOUT 42 YEARS, OCC: AGRICULTURE, R/O. KAREMANE, SISTHAMUDI VILLAGE, POST: ANAGOD, TQ: YELLAPUR, DIST. KARWAR.

2. SRI. DATTATREYA S/O NARASIMHA BHAT, AGE: ABOUT 38 YEARS, OCC: AGRICULTURE, R/O. KAREMANE, SISTHAMUDI VILLAGE, POST: ANAGOD, TQ: YELLAPUR, DIST. KARWAR.

3. SRI. MADHAVA S/O NARASIMHA BHAT, AGE: ABOUT 32 YEARS, OCC: AGRICULTURE, R/O. KAREMANE, SISTHAMUDI VILLAGE, POST: ANAGOD, TQ: YELLAPUR, DIST. KARWAR.

… PETITIONERS (BY SRI. VEERESH BUDIHAL, ADVOCATE)

AND:

1. THE DEPUTY COMMISSIONER, KARWAR, DIST. UTTARA KANNADA.

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3. THIMMANNA GANAPATI BHAT, AGED ABOUT 44 YEARS, R/O. KAREMANE, SISTHAMUDI VILLAGE, POST: ANAGOD, TQ: YELLAPUR, DIST. KARWAR-581 359.

… RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 AND R2;

SRI. VIJAY M. MALALI, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION SETTING ASIDE THE IMPUGNED ORDER PASSED BY THE KAT DATED:15/02/2011 IN APPEAL NO.106/2007 (REVENUE) VIDE ANNEXURE-J AND ALSO THE ORDER OF THE RESPONDENT NO.1 DATED:18/12/2006 VIDE ANNEXURE-H.

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’

GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

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

This petition is filed assailing the order dated 15.02.2011 in Appeal No.106/2007 marked at Annexure-J passed by the Karnataka Appellate Tribunal and also the Order dated

18.12.2006 marked at Annexure-H passed by respondent No.1.

2. In terms of the order marked in Annexure-H passed by respondent No.1, the grant of 4 acres of land is partially cancelled and respondent No.1 has held that the petitioners are only entitled to 2 acres 2 guntas and cancelled the grant in respect of 1 acre 36 guntas. This order passed by respondent No.1 is confirmed by the Karnataka Appellate Tribunal.

3. Learned counsel appearing for the petitioners would contend that property bearing Survey No.16 of Shishtamudi Village, Yellapur Taluk, Karwar district, measuring 4 acres, was in cultivation of the petitioners’ father under permanent lease from the Government. Said lease was executed on 10.04.1972. Thereafter, the saguvali chit has been issued on 23.09.1994 in name of the petitioners as the petitioners’ father had died by then.

4. Form No.5 under Rule 28(1) of the Karnataka Land Grant Rules, 1969 (for short ‘Rules, 1969’) was duly executed in favour of the petitioners conferring right, title in respect of 4 acres of land with a condition that the property shall not be alienated for 15 years and the property shall be used for the purpose for which it is granted.

5. In addition, few other conditions are also incorporated and one of the conditions is that the petitioners shall not leave the land uncultivated for more than 2 years. 6. It appears that a complaint is lodged by contesting private respondents alleging that the petitioners have violated the terms of the grant by not cultivating the land for 2 years in succession and it is also alleged that petitioners have encroached neighboring forest land.

7. The Deputy Commissioner passed an order based on the said complaint canceling the grant vide Order dated

20.09.2003.

8. The petitioners questioned the said order before the Karnataka Appellate Tribunal in Appeal No.1467/2003 and in terms of the order dated 24.06.2005 the appeal was allowed, the matter was remitted for fresh consideration. The operative portion of the said order reads a