In a writ petition under Articles 226 and 227, the High Court of Karnataka challenged an order of the Land Tribunal refusing occupancy rights. The Court dismissed the petition as the Tribunal correctly found no evidence of the petitioner's possession of the land.
The writ petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JULY, 2022
BEFORE
THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA
W.P.No. 1861 OF 2012 (LR)
BETWEEN:
PADMANABHA NAIK SINCE DECEASED BY LRS.
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HOSANAGAR TALUK SHIVAMOGGA DISTRICT.
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LRs OF DECEASED SOLE PETITIONER AS PETITIONERS NO.1 TO 8 ARE IMPLEADED AS PER ORDER DATED 21.06.2022.
… PETITIONERS
(BY SRI. PRASANNA V.R., ADVOCATE)
AND:
REPRESENTED BY ITS SECRETARYA
R2(A TO D) ARE R/AT PERDOOR TOWN PERDOOR VILLAGE AND POST
UDUPI TALUK AND DISTRICT - 576 124
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R3 AND R4 ARE MAJORS AND ARE R/AT PERADUR VILLAGE AND POST, UDUPI TALUK AND DISTRICT - 576 102.
… RESPONDENTS
(BY SRI. SESHU V, HCGP FOR R1 SRI. N. VINAY, ADVOCATE FOR R2(D) SRI. P.M. NAYAK, ADVOCATE FOR R3 AND R4 VIDE ORDER DATED 11.06.2019, NOTICE TO R2(B) AND R2(C) IS HELD SUFFICIENT R2(A), R5, R6, R7, R8, R9 AND R10 ARE SERVED AND UNREPRESENTED)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN CASE NO.LRY/40/51/TRI-4892/78-79 AND NO.LRY/40/100/TRI-9541/80-81 ON THE FILE OF LAND TRIBUNAL, UDUPI AND ALL CONNECTED RECORDS, PERUSE THE SAME AND ALLOW THIS PETITION AND SET ASIDE THE ORDER DATED 15.9.2011 PASSED IN CASE NO. LRY/40/51/TRI-4892/78-79 & NO.LRY/40/100/TRI-9541/8081 VIDE ANNEXURE-E ON THE FILE OF LAND TRIBUNAL, UDUPI AND REMIT THE MATTER FOR FRESH DISPOSAL. GRANT AN INTERIM ORDER TO STAY THE OPERATION OF THE ORDER DATED 15.9.2011 PASSED IN CASE NO.LRY/40/51/TRI-4892/78-79 & NO.LRY/40/100/TRI9541/80-81 VIDE ANNEXURE-E, ON THE FILE OF LAND TRIBUNAL, UDUPI.
THIS PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
An order of Land Tribunal, Udupi dated 15.09.2011 passed in case No.LRY/40/51/TRI-4892/78-79 refusing to confer occupancy rights in respect of two lands bearing survey Nos.119/1 and 210/2, is challenged in this writ petition.
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of the fact that the survey report indicated that the petitioner was not in possession of these two survey numbers.
The writ petition is therefore, dismissed.
SD/JUDGE
Cs/-
1 issue framed by the court
Whether the order refusing to confer occupancy rights in respect of two lands be set aside for lack of evidence of possession.
Padmanabha Naik Since Deceased by LRS
The Land Tribunal, Udupi
N.S. Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
