IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 15603 OF 2017 (LR)

BETWEEN:

1. B MARIGOWDA,

S/O BORANNA,

AGED ABOUT 60 YEARS

RESIDING AT NO.182,

CHANDAGLU VILLAGE (NAGUVANAHALLI) KASABA HOBLI, SRIRANGAPATNA TALUK,

MANDYA DISTRICT-571 428.

2. VASANTHAMMA,

W/O LATE M KRISHENGOWDA,

AGED ABOUT 55 YEARS,

RESIDING AT PETE ROAD,

MALAVALLI TOWN,

MANDYA DISTRICT-571 428.

Digitally signed

by PANKAJA S 3. K NAGENDRA,

Location: HIGH S/O LATE M KRISHENGOWDA,

COURT OF

AGED ABOUT 55 YEARS,

KARNATAKA

RESIDING AT MAHALAKSHMI THEATER,

BANNUR ROAD, MALAVALLI TOWN,

MANDYA DISTRICT-571 428.

4. SARASWATHAMMA, D/O LATE JANAKAMMA, AGED ABOUT 55 YEARS,

RESIDING AT CHANDAGLU VILLAGE,

SRIRANGAPATNA TALUK,

MANDYA DISTRICT-571 428

5. M S ARJUNA, S/O LATE M SRINIVASU, MALAVALLI ROAD, BANNUR TALUK, MYSORE DISTRICT-571 428

6. VIJALAKSHMI, D/O LATE JANAKAMMA, AGED ABOUT 55 YEARS, RESIDING AT CHANDAGLU VILLAGE, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571 428

7. M VIJAY, S/O MARIGOWDA, AGED ABOUT 30 YEARS RESIDING AT SANKALPA GARDEN APARTMENT # 004,GOKULAM 2^ND STAGE, 2^ND MAIN ROAD, MYSORE …PETITIONERS (BY SRI. LOHITASWA BANAKAR AND SRI. HARISH BANAKAR, ADVOCATES)

AND:

1. THE CHAIRMAN, LAND TRIBUNAL, MANDYA SUB DIVISION, MANDYA DISTRICT.

2. SMT GOWRAMMA, SINCE DEAD BY LR'S

2(a) SMT LAXMAMMA, D/O LATE 69 YEARS, D/O LATE GOWRAMMA, R/AT #35, I CROSS, LELAVATHY, EXTENSION, MADDUR TOWN, MANDYA DISTRICT-571 428.

2(b) SRI. SRINIVASAIAH, AGED ABOUT 59 YEARS, S/O LATE NARASIMHAIAH &

SMT. LATE GOWRAMMA, R/AT SRI LAKSHMI NARASIMHASWAMY, KRUPA NILAYA, B.M ROAD, OPPOSITE TO LIC OFFICE, MADDUR TOWN, MANDYA DISTRICT-571 428.

2(c) SRI. KRISHNA, AGED ABOUT 59 YEARS, S/O LATE NARASIMHAIAH &

SMT. LATE GOWRAMMA, R/AT # 72/1 PURA VILLAGE, MADDUR TOWN, MANDYA DISTRICT-571 428.

2(d) SMT. N. MALATHI, AGED ABOUT 59 YEARS, S/O LATE NARASIMHAIAH &

SMT LATE GOWRAMMA, R/AT # 144, III CROSS, III MAIN ROAD, NEAR GANESH BHAVAN HOTEL, HANUMANTHANAGAR, BANGALORE SOUTH, GAVIPURAM EXTENSION BANGALORE-560 019.

2(e) SMT. NALINI, AGED ABOUT 62 YEARS, S/O LATE NARASIMHAIAH &

SMT. LATE GOWRAMMA, R/AT # 48/1A, I MAIN ROAD, II CROSS, COTE KENGERI, V.T.C., BANGALORE SOUTH-560 060

2(f) SHANTAMMA, SINCE DEAD BY LR'S

2(f) (i) T. CHIKKAVENAKTEGOWDA, AGED ABOUT 85 YEARS, HUSBAND OF LATE SHANTAMMA, 2(f)(ii) T.C PRABHAKARA, AGED ABOUT 85 YEARS, S/O LATE SHANTAMMA &

T. CHIKKAVENAKTEGOWDA.

BOTH ARE RESIDING AT ARETIPPUR DHAKALE VILLAGE, KULAGERE POST, C.A KERE HOBLI, MADDUR TALUK, MANDYA DISTRICT.

2(g) CHANDRASHEKAR, SINCE DIED BY HIS LR'S

2(g)(i) SRI. UMESH, AGED ABOUT 35 YEARS, S/O LATE CHANDRASHEKAR, FIRST WIFE SON.

2(g)(ii) SMT. KHANTAMANI, AGED ABOUT 37 YEARS, SECOND WIFE OF LATE CHANDRASHEKAR.

2(g)(iii) M.C BHARATH, AGED ABOUT 21 YEARS, S/O LATE CHANDRASHEKAR &

SMT. KHANTAMANI, SECOND WIFE.

ALL ARE RESIDING AT SOMEGOWDARA BEEDI MADDUR TOWN & TALUK MANDYA DISTRICT-571 428.

…RESPONDENTS (BY SRI. NEELAKANTAPPA K PUJAR, HCGP FOR R1, SRI. H.C. SHIVARAMU, ADVOCATE FOR R2(A) TO R2(E))

THIS WRIT PETITION IS FILED UNDER ARTICES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH TO THE DTD 04.05.2016, PASSED BY THE R-1 IN LRF.535/1974- 75, THEREBY ALLOWING THE FORM NO.7 ALLEGED HAVE FILED BY THE R-2 AND GRANTING THE OCCUPANCY RIGHTS IN FAVOUR OF THE R-2 VIDE ANNX-H AND ETC.

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

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

The petitioners in this petition assailed the order passed by respondent No.1-the Land Tribunal, Maddur Taluk in LRF:535/1974-75 dated 04.05.2016, whereby the Tribunal granted the occupancy right to respondent No.2 in respect of land bearing Sy.No.32p1 to an extent of 37 guntas.

2. The grievance of the petitioners is that the land bearing Sy.No.32p1 in total measuring 42 guntas and land bearing Sy.No.30 measuring 1 Acre situated at Maddur, Kasaba Hobli, Maddur Taluk belongs to the petitioners, since they inherited the same by virtue of succession and they were in possession of t