IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 18^TH DAY OF FEBRUARY 2021

BEFORE

THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA

W.P.NO.1064/2005(LR)

BETWEEN:

1.

Sri Dundappa S/o Basappa Aani,

Age : 59 years, Occ: Agriculture,

R/o Chachadi, Tq: Saundatti, Dist: Belgaum.

2.

Sri Basavanneppa S/o Basappa Aani,

Age : 45 years, Occ: Agriculture,

R/o Chachadi, Tq: Saundatti, Dist: Belgaum.

3.

Sri Siddappa S/o Basappa Ani Aani,

Age : 45 years, Occ: Agriculture,

R/o Chachadi, Tq: Saundatti, Dist: Belgaum.

… PETITIONERS

(By Sri Shridhar Hiremath, Adv. for Sri G.I.Gachchinmath Adv.)

AND:

1.

The State of Karnataka

By its Secretary to Revenue

Department, M.S.Building,

Vidhana Veedhi, Bangalore-01.

2.

The Land Tribunal Saundatti

by its Chairman, The Assistant Commissioner,

Saundatti, Tq: Saundatti, Dist: Belgaum.

3.

Smt.Subhadrabai W/o hanamantrao

Kulkarni, Since deceased by her L.Rs.,

3(a) Sri Ramachandra S/o hanumantrao

Kulkarni, Age : 51 Years, Occ: Agriculture,

: 2 :

R/o Atmanand Colony, Shivanand Bharati,

Nagar, Bailhongal, Tq: Bailhongal, Dist: Bidar.

4.

Sri Shivalingappa S/o Basappa Ani,

Since deceased by his L.R.s,

4(a) Sri Basappa S/o Shivalingappa Ani,

Age : 40 Years, Occ: Agriculture,

R/o Chachadi, Tq: Saundatti, Dist: Belgaum.

4(b) Smt.Chinnavva W/o BasappaChikani,

Age : 36 Years, Occ: House Hold Work,

R/o Sutagatti, Tq: Bailhongal, Dist: Belgaum.

4(c) Sri Shivappa S/o Shivalingappa Ani,

Age : 32 Years, Occ: Agriculture,

R/o Chachadi, Tq: Saundatti, Dist: Belgaum.

4(d) Smt.Mahadevi W/o Ramasidda Bhagoji,

Age : 28 Years, Occ: House Hold Work,

R/o Nabapur, Tq: Gokak, Dist: Belgaum.

4(e) Sri Mahantesh S/o Shivalingappa Ani,

Age : 24 Years, Occ: Agriculture,

R/o Chachadi, Tq: Saundatti, Dist: Belgaum.

4(f) Smt.Kamalavva W/o Basavaraj Patil,

Age : 20 Years, Occ: House Hold Work,

R/o Sutagatti, Tq: Bailhonga, Dist: Belgaum.

… RESPONDENTS

(By Sri Vinayak S.Kulkarni, AGA for R1 & R2)

(Notice to R3(a) & 4(a) to (f) : Served)

This writ petition is filed under Articles 226 & 227 of the

Constitution Of India praying this Court to quash the impugned

order dated 27.06.1981 bearing No.KLR/SDT/124/76+77+74

produced as Annexure-E passed by the respondent No.2 by issue

of writ of certiorari or any other suitable writ or order or

directions.

This petition coming on for orders this day, the Court made

the following:

: 3 :

: ORDER :

This writ petition is filed challenging the order

passed by the Land Tribunal on 27.06.1981 by which,

the Land Tribunal has rejected the application of the

applicants on the ground that they had themselves

stated before the Tribunal that they had purchased the

land and were cultivating the land as owners.

2.

The order of the Land Tribunal was passed on

27.06.1981. From the original records produced, it is

seen that a few of the applicants were present and

affixed their LTM’s on the day that the final order was

passed. This petition is filed on 10.01.2005 that is after

a period of 24 years.

3.

Since as per the order of the Land Tribunal it

is clear that the petitioners were present and were

aware of the rejection of their Form No.7. There is

absolutely no justification for entertaining this writ

petition after 24 years and the same is accordingly

dismissed.

Sd/-

JUDGE

EM