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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR.JUSTICE G.NARENDAR

WRIT PETITION No.47663/2015 (KLR-LG)

BETWEEN

P MONAPPA GOWDA

SINCE DECEASED BY HIS

LEGAL REPRESENTATIVES,

1. N. SHIVAMMMA

W/O MONNAPPA GOWDA

MAJOR

R/AT MADIRATTIPURAPPA

KODIMBALA VILLAGE,

PUTTUR TALUK

D.K. DISTRICT-574201.

2. M. DEVARAJU GOWDA

S/O MONAPPA GOWDA

MAJOR

R/AT MADIRATTIPURAPPA

KODIMBALA VILLAGE,

PUTTUR TALUK

D.K. DISTRICT-574201.

3. K. NAGRATHNA

D/O MONAPPA GOWDA

MAJOR

R/AT MADIRATTIPURAPPA

KODIMBALA VILLAGE,

PUTTUR TALUK

D.K. DISTRICT-574201

4. K. CHANDRASHEKAR GOWDA

S/O MONAPPA GOWDA

MAJOR

R/AT MADIRATTIPURAPPA

KODIMBALA VILLAGE,

2

PUTTUR TALUK

D.K. DISTRICT-574201.

5. K. YATHEESH

S/O MONAPPA GOWDA

MAJOR

R/AT MADIRATTIPURAPPA

KODIMBALA VILLAGE,

PUTTUR TALUK

D.K. DISTRICT-574201

...PETITIONERS

(BY SRI HAREESH BHANDARY T, ADV.)

AND

1. THE STATE OF KARNATAKA

REP. BY ITS SECRETARY TO

DEPARTMENT OF REVENUE

VIDHANA SOUDHA,

BANGALORE-560001.

2. THE DEPUTY COMMISSIONER

D.K. DISTRICT

MANGALURU-575003.

3. THE ASSISTANT COMMISSIONER

PUTTUR SUB-DIVISION,

PUTTUR, D.K. DISTRICT.

4. THE TAHSILDAR

PUTTUR TALUK

PUTTUR, D.K. DISTRICT-574201.

5. SMT. SATHYABHAMA

W/O LATE K.V. SUBBA RAO

MAJOR

R/AT KORANDOOR HOUSE

KODIMBALA VILLAGE,

PUTTUR TALUK

D.K. DISTRICT-574201

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6. SRI. HARISH RAO

S/O LATE K.V. SUBBA RAO

MAJOR,

R/AT KORANDOOR HOUSE

KODIMBALA VILLAGE

PUTTUR TALUK

D.K. DISTRICT-574201.

7. SRI. SHIVANANDA RAO

S/O LATE K.V. SUBBA RAO

MAJOR

R/AT KORANDOOR HOUSE

KODIMBALA VILLAGE,

PUTTUR TALUK

D.K. DISTRICT-574201

8. SRI. SHAKAR RAO

S/O LATE K.V. SUBBA RAO

MAJOR

R/AT KORANDOOR HOUSE

KODIMBALA VILLAGE

PUTTUR TALUK

D.K. DISTRICT-574201

9. SRI. JAGANNATHA RAO

S/O LATE K.V. SUBBA RAO

MAJOR

R/AT KORANDOOR HOUSE

KODIMBALA VILLAGE

PUTTUR TALUK

D.K. DISTRICT-574201

10. SRI. RAGHURAM RAO

S/O LATE K.V. SUBBA RAO

MAJOR

R/AT KORANDOOR HOUSE

KODIMBALA VILLAGE

PUTTUR TALUK

D.K. DISTRICT-574201

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11. SRI. MOHAN RAO

S/O LATE K.V. SUBBA RAO

MAJOR

R/AT KORANDOOR HOUSE

KODIMBALA VILLAGE

PUTTUR TALUK

D.K. DISTRICT-574201.

...RESPONDENTS

(BY SRI A.R.SRINIVASA, AGA FOR R1-R4,

SRI B.SHARATH KUMAR, ADV. FOR R6,

R5,R7-R11 ARE SERVED AND UNREPRESENTED.)

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE

CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED

ORDER

ANNEXURE-A

DTD:30.04.2015

MADE

IN

APPEAL

NO.1323/2003 BY THE KARNATAKA APPELLATE TRIBUNAL,

BENGALURU AND THE ORDER ANNEXURE-B DTD:25.8.2003 BY

THE R-2 AND THE ORDER ANNEXURE-C DTD:25.11.1981 BY THE

R-2 ETC.

THIS WP COMING ON FOR 'PRELIMINARY HEARING-B

GROUP' THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard the learned counsel for the petitioners, the

learned counsel for the contesting respondent No.6 and the

learned Additional Government Advocate for respondent

Nos.1 to 4.

2.

The petitioners are before this Court being

aggrieved by the order of the Karnataka Appellate Tribunal

dated 30.04.2015 whereby the Appellate Tribunal has been

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pleased to uphold the order of the Deputy Commissioner,

Dakshina Kannada District, Mangaluru, dated 25.08.2003.

3.

The case of the petitioners is that they were the

applicants, in the application filed under Form No.7 under

the Karnataka Land Reforms Act, 1961 praying for

confirmation of tenancy rights. That by proceedings dated

06.08.1980, the Land Tribunal was pleased to confer the

occupancy rights over the lands bearing Sy.No.202/1, 208/2

and 202/2 of Kodimbala Village, Puttur Taluk, Dakshina

Kannada. That subsequently, the Assistant Commissioner

by proceedings dated 25.11.1981 was pleased to grant

certain lands in favour of one K.V. Subbarao, whose legal

representatives are arrayed as respondent Nos.5 to 11.

That out of several pieces of lands, th