Dismissed¶61

Sri H T Chandrashekhara v. R Bhaskara

Karnataka HC25 Oct 2025WA/1113/2025

Case brief

AI extract

What is this about?

Land Tribunal Teerthahalli; occupancy rights; rectification application filed after 45 years; Section 48A Karnataka Land Reforms Act 1961 proviso 2 sub-clause (6) — power limited to clerical or arithmetical mistakes; no power of review or reopening after finality; Sy. No. 73, Teerthahalli, Shivamogga; writ appeal under Section 4 Karnataka High Court Act dismissed.

What did the court decide?

None; the writ appeal was dismissed and no relief was granted to the appellant. ¶61

Sri H T Chandrashekhara Vs R Bhaskara — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None; the writ appeal was dismissed and no relief was granted to the appellant.

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Issue for consideration

Whether the Land Tribunal, Teerthahalli could rectify its order dated 26.11.1977 settling occupancy rights, on an application made in 2022 after 45 years, given that its statutory power under proviso 2 sub-clause (6) of Section 48A, Karnataka Land Reforms Act, 1961, is limited to clerical or arithmetical mistakes and does not extend to reviewing an order after full-fledged hearing once it has attained finality. +1 more

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Court's answer

In dismissing the appeal without finding error, the Bench sustained the Single Judge's determination that the Land Tribunal's power under proviso 2 sub-clause (6) of Section 48A, Karnataka Land Reforms Act, 1961, is confined to clerical or arithmetical mistakes and that the Tribunal does not have power to review its order after full-fledged hearing once the earlier order has attained finality.

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Ratio / Principle

The Division Bench found no error of law or facts in the impugned judgment of the learned Single Judge which required interference by the Court.

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Key takeaways

The writ appeal stands dismissed.ratio¶61

Detailed headnote1 paragraphs

Writ Appeal (under Section 4, Karnataka High Court Act) No. 1113 of 2025 (LR); High Court of Karnataka at Bengaluru; Bench: D K Singh and Rajesh Rai K, JJ.; decided 25 October 2025. The Division Bench dismissed the writ appeal against the learned Single Judge's judgment and order dated 28.01.2025 in W.P. No. 14827/2023, finding no error of law or fact warranting interference. The Single Judge had allowed the adjoining land owner's (respondent No. 1) challenge to the Land Tribunal, Teerthahalli's order dated 23.03.2023, whereby — 45 years after the Tribunal's occupancy-rights order dated 26.11.1977 in respect of Sy.No.73 (3 acres 22 guntas and 5 acres 15 guntas) — rectification was permitted on the application of the legal heirs of Ramaiah Gowda and H.K. Thimmaiah. The endorsed position is that under proviso 2 sub-clause (6) of Section 48A, Karnataka Land Reforms Act, 1961, the Tribunal's power is confined to clerical or arithmetical mistakes and does not permit review or reopening of an order after full-fledged hearing once finality has attached.

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NC: 2025:KHC:42228-DB WA No. 1113 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF OCTOBER, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE D K SINGH

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AND

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THE HON'BLE MR. JUSTICE RAJESH RAI K

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WRIT APPEAL NO. 1113 OF 2025 (LR)

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BETWEEN:

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SRI H T CHANDRASHEKHARA S/O H.K. THIMMAIAH AGED ABOUT 72 YEARS, R/AT MAJARE HUGALAVALLI, BILUVE VILLAGE, KASABA HOBLI, TEERTHAHALLI TALUK, SHIVAMOGGA DISTRICT 577 232.

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…APPELLANT

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(BY SRI. VEERAYYA HIREMATH., ADVOCATE)

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AND:

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Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

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R BHASKARA S/O B.R KRISHNAMURTHAIAH AGED 84 YEARS, BY HIS GPA HOLDER GURUPRASAD H.B AGED 54 YEARS S/O R. BHASKARA R/AT MAJARE HUGALAVALLI, BILUVE VILLAGE, KASABA HOBLI, TEERTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 232

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, AMBEDKAR VEEDDHI, BANGALORE-560001.

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THE LAND TRIBUNAL TEERTHAHALLI,

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NC: 2025:KHC:42228-DB WA No. 1113 of 2025

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HC-KAR

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REPRESENTED BY ITS SECRETARY TALUK OFFICE TEERTHAHALLI SHIVAMOGGA DISTRICT SHIVAMOGGA 577432

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SRI. H.T KRISHNAIAH, S/O THIMMALAH, AGED ABOUT MAJOR, R/AT MAJARE HUGALAVALLI, BILUVE VILLAGE, KASABA HOBLI, TEERTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 232

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VENKAMMA, W/O VENKATARAMANAJAH, (SINCE DECEASED)

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SRI. B A RAGHAVENDRA S/O LATE ACHUTHAYYA, AGED ABOUT 56 YEARS, R/AT BHARATHIPURA VILLAGE AND POST, TEERTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 232

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SRI. RAMAIAH GOWDA S/O HIRIYANNA GOWDA AGED ABOUT MAJOR, R/AT MAJARE HUGALAVALLI, BILUVE VILLAGE, KASABA HOBLI, TEERTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 232

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SRI.H.H MANJAPPA S/O HIRIYANNA GOWDA. AGED ABOUT MAJOR, R/AT MAJARE HUGALAVALLI, BILUVE VILLAGE, KASABA HOBLI, TEERTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 232

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SRI.H.H. NAGESHA S/O HIRIYANNA GOWDA

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NC: 2025:KHC:42228-DB WA No. 1113 of 2025

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HC-KAR

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AGED ABOUT MAJOR, R/AT MAJARE HUGALAVALLI, BILUVE VILLAGE, KASABA HOBLI, TEERTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 232

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SRI. H. E. RAMADASA S/O BHARMAIAH GOWDA AGED ABOUT MAJOR, R/AT MAJARE HUGALAVALLI, BILUVE VILLAGE, KASABA HOBLI, TEERTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 232

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THE ASSISTANT DIRECTOR OF LAND RECORDS, TALUK OFFICE, TEERTHAHALLI -577 342

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THE REVENUE INSPECTOR KASABA HOBLI, TALUK OFFICE, TEERTHAHALLI - 577 342

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…RESPONDENTS

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(BY SRI. M.N.SUDEV HEGDE, AGA FOR R-2, R-3, R-10 & R-11)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO,SET ASIDE THE ORDER DATED 28/01/2025 PASSED BY THIS HONBLE COURT IN WP NO.14827/2023 AND GRANT SUCH OTHER RELIEF AND ALLOW THE WRIT APPEAL WITH COST.

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THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K

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4 - NC: 2025:KHC:42228-DB WA No. 1113 of 2025

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present appeal has been filed impugning the

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judgment and order dated 28.01.2025 passed by learned Single Judge in W.P.No.14827/2023.

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The petitioner/respondent No.1 in the present appeal, is the adjoining land owner of Sy.No.73 measuring 3 acre 14 guntas, filed the writ petition impugning the order of the Land Tribunal, Teerthahalli. The occupancy rights were got settled in favour of Ramaiah Gowda and H.K.Thimmaiah vide order dated 26.11.1977 in respect of the land to an extent of 3 acres 22 guntas in Sy.No.73 and

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5 acres 15 guntas in favour of H.K.Thimmaiah respectively

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in the said survey. The legal heirs of these two persons in whose favour the occupancy rights were settled have filed an application seeking rectification of the order dated 26.11.1977. The application seeking rectification of the

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order was filed in the year 2022 i.e, after 45 years from the date when the Tribunal passed the order on

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5 - NC: 2025:KHC:42228-DB WA No. 1113 of 2025

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HC-KAR

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26.11.1977. The Tribunal, vide order dated 23.03.2023

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allowed the said application.

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The learned Single Judge having considered this aspect of the matter that the application for rectification came to be filed after 45 years from the date of the original order i.e., 26.11.1977, held that the Tribunal had only limited power to rectify any clerical or arithmetical mistake as per the proviso 2 sub clause (6) of Section 48A of the Karnataka Land Reforms Act, 1961, and the land Tribunal does not have power to review its order after full fledged hearing once the earlier order has attained finality. Therefore, the learned Single Judge allowed the writ petition on both grounds that the belated application after 45 years was not maintainable and the Tribunal went beyond its jurisdiction for reopening the original order/proceedings which got finality way back in the year 1977.

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NC: 2025:KHC:42228-DB WA No. 1113 of 2025

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HC-KAR

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