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NC: 2025:KHC:54496

WP No. 34558 of 2015

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE RAJESH RAI K

WRIT PETITION NO. 34558 OF 2015 (LR)

BETWEEN:

RANGAPPA

SINCE DECEASED BY HIS LRS,

(A) SRI MANJANNA

S/O LATE RANGAPPA,

AGED ABOUT 50 YEARS,

(B) SMT MANJAMMA

D/O LATE RANGAPPA,

AGED ABOUT 55 YEARS,

(C) SMT GOPAMMA

D/O LATE RANGAPPA,

AGED ABOUT 40 YEARS,

Digitally signed by

PANKAJA S

ALL ARE RESIDING AT YELLADADLU VILLAGE,

Location: HIGH

KORA HOBLI, TUMKUR TALUK,

COURT OF

KARNATAKA TUMKUR DISTRICT

PIN : 572 128.

…PETITIONERS

(BY SRI. SHANKARANARAYANA BHAT N, ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED

BY SECRETARY TO GOVERNMENT,

REVENUE DEPARTMENT,

M.S.BUILDING,

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NC: 2025:KHC:54496

WP No. 34558 of 2015

HC-KAR

DR. AMBEDKAR VEEDHI,

BANGALORE-560 001

2. THE LAND TRIBUNAL

TUMKUR TALUK,

TUMKUR DISTRICT,

REPRESENTED BY ITS SECRETARY

PIN : 572 101.

3. SRI RANGAIAH

S/O OBALAIAH,

AGED ABOUT 75 YEARS,

RESIDING AT KOLALAKUNTE VILLAGE,

KORA HOBLI, HALLADODDERI POST,

TUMKUR TALUK, TUMKUR DISTRICT

PIN : 572 128.

…RESPONDENTS

(BY SRI. KIRAN KUMAR, HCGP FOR R1 & R2,

SRI. R.P SOMASHEKHARAIAH FOR ADVOCATE C/R3)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE

RECORDS AND QUASH THE ORDER OF THE LAND TRIBUNAL,

TUMKUR TQ., TUMKUR DT.10.6.2015 VIDE ANNX-G IN THIS

WRIT PETITION. BY THE ISSUE OF A WRIT OF CERTIORARI OR

ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION AS THE

CASE MAY BE AND FURTHER BE PLEASED TO DIRECTTHE LAND

TRIBUNAL TO GRANT THE REGISTRATION OF OCCUPANCY

RIGHT OF THE LAND IN SY.NO.23/1 (4 ACRES) OF

YELLADADLU VILLAGE, KORA HOBLI, TUMKUR TQ., TUMKUR.

THIS PETITION HAVING BEEN RESERVED FOR ORDERS

ON 17.12.2025 COMING ON FOR PRONOUNCEMENT THIS DAY,

THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

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NC: 2025:KHC:54496

WP No. 34558 of 2015

HC-KAR

CAV ORDER

1. The petitioners in this writ petition are seeking a writ of

certiorari to quash the order dated 10.06.2015 passed in

No.OLRM 71/75-76 (Annexure-G) by respondent No.2 - Land

Tribunal, whereby the Land Tribunal rejected the claim of the

petitioner-Rangappa for grant of occupancy right in respect of

Sy.No.23/1 measuring 4 acres situated at Yelladadlu Village,

Kora Hobli, Tumkur Taluk (for brevity, "the subject land").

2. The grievance of the petitioners is that their father late

Rangappa- original petitioner, being a tenant in possession and

cultivation of subject land as on 01.03.1974 under respondent

No.3, had filed Form-7 under the provisions of Karnataka Land

Reforms Act seeking grant of occupancy right in respect of

subject land.

3. The Land Tribunal, in earlier two occasions, had rejected

the claim of the original petitioner for occupancy right without

any enquiry, and the original petitioner had challenged those

orders before this court in WP No.6690/1977 and WP

No.24863/1992, and this Court allowed the said writ petitions

and remanded the matter for fresh enquiry. Despite, the Land

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NC: 2025:KHC:54496

WP No. 34558 of 2015

HC-KAR

Tribunal once again passed the impugned order as per

Annexure-G without examining the evidence adduced before

the Tribunal and also by not examining the tenancy of the

original petitioner as on the relevant date i.e., 01.03.1974.

Hence, this writ petition.

4. Heard Sri Shankarnarayana Bhat N., learned counsel for

the petitioners, Sri Kiran Kumar learned HCGP for respondent

Nos.1 and 2 and Sri. R.P.Somashekaraiah, learned counsel for

respondent No.3.

5. The primary contention of the learned counsel for the

petitioners is that, the impugned order is not a speaking order

and the Tribunal has not assigned any reason for rejection of

the claim of tenancy of the petitioners. He further contended

that respondent No.3 - landlord has categorically admitted the

tenancy of the original petitioner under him and has consented

for the grant of tenancy. As such, in view of Section 48-A (5-A)

of the Karnataka Land Reforms Act which mandates that when

there is no objection in r