Petitioners challenged a Land Tribunal order rejecting application to include land in patta. Court held that amendment cannot claim occupancy for survey numbers not originally granted. Petition dismissed as devoid of merits.
Writ petition dismissed with costs.
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, BENGALURU
DATED THIS THE 10TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.6260 OF 2012(LR)
BETWEEN:
SRI.BASAVA POOJARY, SINCE DECEASED BY HIS LRS.
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AGED ABOUT 33 YEARS, R/AT NACHURU MOODLAKATTE, POST MOODLAKATTE – 576 217. KANDAVARA, KUNDAPURA TALUK, UDUPI DISTRICT.
...PETITIONERS
(BY SRI. S K ACHARYA, ADVOCATE)
AND:
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… RESPONDENTS
(BY SRI. V SESHU, HCGP FOR R1 & R2; SRI. B S SACHIN, ADVOCATE FOR R3 & R4; SRI. K.V. SHIVA, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 31.1.12, PASSED BY THE R2 TRIBUNAL IN PROCEEDINGS BEARING TRI NO.6242/1978-79 VIDE ANEX-K AND ETC.,
THIS PETITION COMING ON FOR FINAL HEARING, THE COURT MADE THE FOLLOWING:-
ORDER
The LRs of the deceased Petitioner-tenant are
grieving against the rejection of his application whereby they had sought for inclusion of land in Sy. No. although in an extent lesser than the one claimed in Form No.7.
that although this survey number is not mentioned in the order of the Land Tribunal dated 10.10.1980, the same now ought to have been included by the Tribunal
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especially when the claim for amendment was for a lesser extent of the said survey number.
multiple survey numbers and the Land Tribunal grants occupancy in respect of some of such survey numbers, the claim for occupancy in respect of others should be deemed to have been rejected. In such a circumstances, one cannot seek amendment of Land Tribunal order to include other survey numbers in respect of which no occupancy has been granted, as rightly submitted by learned HCGP.
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In view of the above, the writ petition being devoid
of merits, is liable to be dismissed and accordingly it is, costs having been made easy.
Sd/JUDGE
Bsv
3 issues framed by the court
Whether a petitioners application for inclusion of survey number should be allowed when no occupancy was granted in the original order.
Whether amendment of a Land Tribunal order is permitted to include survey numbers where occupancy was not originally granted.
Whether the writ petition is liable to be dismissed as devoid of merits.
1 provisions across 1 enactments
Sri. Basava Poojary Lrs.
State of Karnataka
Land Tribunal Kundapur
Sri. Sadananda Hegde
Sri. Balakrishna Kini
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
