IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100103 OF 2015 (LR)

BETWEEN:

BAGALKOT CEMENT AND INDUSTRIES LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956, AND HAVING ITS REGISTERED OFFICE AT

6^TH FLOOR, BLOCK NO.1, STADIUM HOUSE, VEER NARIMAN ROAD, CHURCHGATE, MUMBAI-400020, RPTD. BY ITS AUTHRISED REPRESENTATIVE, ASSISTANT MANAGER-LEGAL, MR. ABBAS RAJESAB NIDASHESHI, AGE: 47 YEARS, OCC: ASSISTANT MANAGER(LEGAL), R/O. BAGALKOT.

V ISHAL …PETITIONER NINGAPPA (BY SRI. PRAMOD KUMAR DUBEY, SENIOR ADVOCATE FOR PATTIHAL SRI. S.B.HEBBALLI, ADVOCATE)

Digitally signed by VISHAL NINGAPPA PATTIHAL AND:

Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.03.06 11:45:45 +0530 1. THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BANGALORE-560001.

2. THE LAND TRIBUNAL BAGALKOT, REPRESENTED BY ITS SECRETARY.

3. TAHSILDAR, BAGALKOT BAGALKOT, BAGALKOT DISTRICT-587101.

4. SUSHIILAVVA W/O. HANAMANT MADAR AGED ABOUT 59 YEARS, OCC: AGRICULTURE, R/O. NAVANAGAR, BAGALKOT, TAL/DIST: BAGALKOT.

…RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R3;

SRI. JAYAKUMAR S.PATIL, SENIOR ADVOCATE FOR SRI. JAGADISH PATIL, ADVOCATE FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF THE LAND TRIBUNAL, BAGALKOT (R-2) IN NO.KLR TSR 361 DATED 30.11.1975 A COPY OF THE IMPUGNED ORDER IS PRODUCED AS PER ANNEXURE-S; CONSEQUENTLY QUASH THE FORM NO.10 ISSUED BY THE RESPONDENT NO.3 IN NO.TNC/SR-30-11-1975 DATED 15.04.1983, A COPY OF WHICH IS PRODUCED HEREIN AS PER ANNEXURE-U; AND ETC.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 21/01/2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

CAV O R D E R

The petitioner-Bagalkot Cement and Industries Limited has filed the present writ petition seeking to quash:

i. The order dated 30.11.1975 passed by the Land Tribunal, Bagalkot, granting occupancy rights in favour of respondent Nos.4.

ii. The consequential issuance of Form No.10 dated

15.04.1983 by the Tahasildar.

Brief facts:

2. The petitioner-company is engaged in manufacturing of cements and claims ownership and possession of lands bearing R.S.Nos.80/3, 81/3, 82/1 and 83/2 of Bagalkot. These lands were originally acquired by the then State of Bombay for the benefit of Bagalkot Cement Co. Ltd., (predecessor of the petitioner-company). Mutation entry in M.E.No.1930 dated 01.11.1954 was effected in favour of the company. RTC extract from 1963- 1964 onwards reflect the company's name as owner and the lands are shown as “Pada” (uncultivable reserved for limestone excavation). By virtue of a scheme of arrangement approved by Board for Industrial and Financial Reconstruction (B.I.F.R.) dated 20.09.2007, the assets including the subject lands stood vested in the present petitioner-company.

3. In 2014, the petitioner received notice from the Tahasildar pursuant to an application by respondent No.4 seeking mutation based on an alleged Land Tribunal order dated 30.11.1975. The petitioner on verification discovered that alleged Form No.7 was filed in the year 1974. Occupancy rights were granted on 30.11.1975 and Form No.10 was issued on 15.04.1983. It is the case of the petitioner that all such documents are fabricated, manipulated and inserted subsequently in the records. The petitioner has also lodged a criminal complaint under Sections 465, 466, 467, 420 and 471 Indian Penal Code (IPC) against respondent No.4.

4. It is stated that the petitioner came to know about the order only in 2014 upon receipt of the notice by Tahasildar, hence delay is attributable to fraud. If obtained by fraud, the order of the Land Tribunal is void ab initio and non est in the eye of law. By way of amendment, the petitioner also sought to quash Form No.7 dated 26.12.1974 (Annexure-O) on the ground that it was not filed wi