IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT APPEAL NO. 4827 OF 2015 (LR-SEC 48)

BETWEEN:

1. SRI K P JAI JAGADEESH , S/O LATE SRI K P POOVAIAH, AGED ABOUT 61 YEARS, 2. SRI K P PRAVEEN KUMAR S/O LATE SRI K P POOVAIAH, AGED ABOUT 52 YEARS, BOTH ARE R/AT:

KAREKOPPA BELUR, Digitally signed by K G BASAVANAHALLI VILLAGE, RENUKAMBA BELUR POST, SOMWARPET TALUK, Location: KODAGU DISTRICT-571 201.

HIGH COURT …APPELLANTS OF KARNATAKA (BY SRI.MILASH ARROL NORONHA, ADVOCATE FOR SRI.BRIJESH KALAPPA,)

AND:

1. THE LAND TRIBUNAL, SOMWARPET TALUK, SOMWARPET, KODAGU DISTRICT-571 201.

2. THE TAHSILDAR, SOMWARPET TALUK, KODAGU DISTRICT-571 201.

3. REVENUE INSPECTOR, BELUR BASAVANAHALLI VILLAGE, SOMWARPET HOBLI & TALUK, KODAGU DISTRICT-571 201.

4. MAHADEVAPPA MATTA, REPRESENTED BY ITS PONTIFF, BELUR MATTA, BELUR BASAVANAHALLI VILLAGE, SOMWARPET TALUK, KODAGU DISTRICT-571 201.

5. SMT K N RUKMINI, W/O LATE K A NANJAPPA, AGED ABOUT 69 YEARS, KAREKOPPA, BELUR BASAVANAHALLI VILLAGE, BELUR POST, SOMWARPET TALUK, KODAGU DISTRICT-571 201.

…RESPONDENTS (BY SRI.K.S.RAHUL CARIYAPPA, AGA FOR R1 TO R3 R4 SERVED UNREPRESENTED, SRI.I.GOPALAKRISHNA ADVOCATE FOR C/R5)

THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 12836/2012 & 12957-958/2012 DATED

10/12/2014.

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

CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI AND HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

Heard Sri.Brijesh Kalappa, learned counsel appearing for the appellants, Sri.K.S.Rahul Cariyappa, learned Additional Government Advocate for respondent No.3 and Sri.I.Gopalakrishna, learned counsel appearing for respondent No.5.

2. The instant appeal has been filed seeking to challenge the judgment and order dated 10.12.2014 passed in WP.No.12836/2012 (LR-SEC.48-A) and WP.Nos.12957- 12958/2012. By the impugned judgment, the order dated 04.02.1993 passed by the Land Tribunal exercising jurisdiction under Section 48-A of the Karnataka Land Reforms Act, 1961, was quashed. Further directions were issued to preserve certain easementary rights of the parties.

3. It appears that in proceedings under Section 4 of the Karnataka Certain Inams Abolition Act, 1977, Act, 1977 an order was passed by the Land Tribunal Somwarpet on 30.10.1981 whereby the husband of the petitioner - respondent No.5, Sri.K.A.Nanjappa, was held to be the actual cultivator of the lands mentioned in the schedule to the order and was held to be eligible to be registered as occupant of the said land under the provision of the Act, 1977. However, his application under Section 48A (1) of the Karnataka Land Reforms Act, 1961 was rejected as not maintainable. The schedule to the order passed on the application of K.A.Nanjappa is as follows:-

SCHEDULE

4. It appears that the Land Tribunal, Somarpet, on an application moved by Sri.K.P.Poovaiah, the father of the appellants filed under Section 48-A (1) of the Karnataka Land Reforms Act, 1961 and also under Section 4 of the Act, 1977, recorded evidence regarding plots of lands of several survey numbers. It was held by the Tribunal in its order of 30.10.1981 that the applicant, Sri.K.P.Poovaiah, was the actual cultivator of the lands mentioned in the schedule to the order. The factual position with regard to various survey numbers were considered including Survey Nos.80 and 79. It further held that the applicant was eligible to be registered as an occupant of the said lands under the provisions of the Act, 1977. It was noted by the Land Tribunal that the applicant had admitted that he had no right in Sy.No.78/2 and 90/5B.

5. The schedule to the aforesaid order dated

30/10/1981 passed on the application of K.P.Poovaiah, is as follows:

SCHEDULE

6. The aforesaid order dated 30.10.1981, passed on the applicatio