IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 711 OF 2025 (LR)

BETWEEN:

SRI.BHADRAPPA S/O. A. GUNDA NAIKA, AGED ABOUT 64 YEARS, R/O. ALAGERI VILLAGE, DHOORVASAPURA POST, THIRTHAHALLI TALUK-577432 SHIVAMOGGA DISTRICT …APPELLANT (BY SMT. N. SHARADHA, ADVOCATE)

AND:

Digitally signed by NIRMALA DEVI 1. THE STATE OF KARNATAKA Location: REPRESENTED BY SECRETARY HIGH COURT TO GOVERNMENT OF REVENUE DEPARTMENT, KARNATAKA M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560 001

2. THE LAND TRIBUNAL, THIRTHAHALLI TALUK, THIRTHAHALLI, SHIVAMOGGA DISTRICT BY ITS SECRETARY-577 432

3. SMT. RATHNAMMA, W/O. RAMAIAH GOWDA, MAJOR, R/O. ALAGERI VILLAGE, DHOORVASAPURA POST, THIRTHAHALLI TALUK-577 432, SHIVAMOGGA DISTRICT.

4. SRI. K. CHANDRASHEKAR, S/O. RAMAKRISHNA RAO, MAJOR, R/O. KOTETHOTA THIRTHAMUTTUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT-577 415 …RESPONDENTS (BY SMT NAMITHA MAHESH B. G., AGA)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 02/04/2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP NO.17390/2018 CONFIRMING THE ORDER OF THE 2ND RESPONDENT HEREIN 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. The appellant has filed the present appeal impugning an order dated 02.04.2025 [impugned order] passed by the learned Single Judge in W.P. No.17390/2018 (LR). The appellant had filed the said writ petition impugning an order dated 11.01.2018 passed by the learned Land Tribunal, whereby the application filed by the appellant's father [Sri.A. Gunda Naika S/o. Dasa Naika] in Form No.VII for grant of occupancy rights was rejected and the application filed by the husband of respondent No.3 – Sri Ramaiah Gowda (since deceased) – for grant of occupancy rights was accepted.

2. The dispute between the parties relates to occupancy rights in respect of 20 guntas of land falling in Sy. No.36/2 of Alageri Village, Kasaba Hobli, Thirthahalli Taluk, Shivamoga District [hereafter the subject land]. Shri Ramaiah Gowda filed an application on 15.08.1974 in the prescribed Form [Form No.VII] as stipulated under Karnataka Land Reforms Act, 1961 in respect of an extent of 2-29-00 acres in Sy. No.36/2 and the said land was granted on 25.09.1982 [in case No.LRT[Inam] K.S.B A.L.G

54.55/81-82.]

3. Sri.Gunda Naika challenged the said order by filing W.P. No.40015/1993. The said writ petition was disposed of by an order dated 16.03.2004 whereby the order dated 25.09.1982 was set aside and the matter was remanded to the learned Land Tribunal for consideration along with application filed by Sri Gunda Naika (since deceased).

4. In compliance with the said order, the learned Land Tribunal issued notice to the respective parties. Since, in the meantime, Sri Gunda Naika had expired, he was represented by his legal representative, that is, his son Sri Bhadrappa [appellant herein].

5. The Tribunal framed the following points for consideration:

1. Whether the suit land is subjected to lease in

01.03.1974?

2. Whether the parties have proved that they are the tenants?

3. On the basis of the present possession whether tenancy is present?

6. After considering the facts on record and evaluating the evidence, the learned Tribunal rejected the application filed by Sri.Gunda Naika. The Tribunal found from the revenue documents that the entire land comprising Sy.No.36/2 of Alageri Village, Kasaba Hobli, Thirthahalli Taluk, Shivamoga District subject to tenancy cultivation. Sri Ramaiah Gowda had also produced the Tenancy Agreement of the years 1965-66 to 1973-74 to establish that he was the tenant in the subject property. The Tribunal noted that the appellant had failed to produce any re