Malatesh Gurunath Kulkarni Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

Malatesh Gurunath Kulkarni Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed; impugned order dated 30.06.1982 passed by respondent No.2 (Land Tribunal, Ranebennur) at Annexure-H quashed; matter remitted to the Land Tribunal for fresh consideration in accordance with law, with directions to issue notice to the petitioner and respondent No.3/his legal representatives and conduct a proper enquiry; merits left open and all contentions kept open.

Issue for consideration

Whether the occupancy order dated 30.06.1982 passed by the Land Tribunal, Ranebennur in favour of respondent No.3 was issued without notice to the petitioners and without proper enquiry, and is therefore liable to be quashed.

Court's answer

The occupancy order passed by the Land Tribunal, Ranebennur was passed without notice to the petitioners and without proper enquiry.

Ratio / Principle

The impugned order dated 30.06.1982 passed by respondent No.2 (Land Tribunal, Ranebennur) at Annexure-H is quashed.

Key takeaways

The matter is remitted to the Land Tribunal, Ranebennur for fresh consideration in accordance with law.ratio¶51
The Land Tribunal shall issue notice to both the petitioner as well as respondent No.3 or any of his legal representatives, and thereafter pass orders after conducting proper enquiry.ratio¶52
The Court expressly did not express any opinion on the merits of the matter; all contentions of the parties are kept open.

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution of India by Malatesh Gurunath Kulkarni, who claimed to be the Inamdar of Sy.No.36/1 (3 acres 14 guntas) and in its cultivation, assailing the order dated 30.06.1982 passed by the Land Tribunal, Ranebennur granting occupancy rights in favour of respondent No.3 (Annexure-H). The record of right for 1971 to 1974 showed the petitioners in possession as holders and cultivators, whereas the applicant's name was not found in column No.12 or any other column of the record of right produced before the Court. Finding that the occupancy order had been passed without notice to the petitioners and without proper enquiry, the High Court (single judge, Anant Ramanath Hegde, J.) allowed the petition, quashed the impugned order, and remitted the matter to the Land Tribunal, Ranebennur for fresh consideration in accordance with law, directing it to issue notice to both the petitioner and respondent No.3 or his legal representatives and pass orders after a proper enquiry. The Court expressly refrained from expressing any opinion on the merits and kept all contentions of the parties open.

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 17^TH DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

WRIT PETITION NO.108539 OF 2015 (LR)

BETWEEN:

MALATESH GURUNATH KULKARNI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. MEDLERI, AT: UDAGATTI, TQ: RANEBENNUR, DIST: HAVERI.

…PETITIONER

(BY SRI. LAXMAN T. MANTAGANI, ADVOCATE)

AND:

Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

THE STATE OF KARNATAKA, BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHAN SOUDHA, BENGALURU.

THE LAND TRIBUNAL, RANEBENNUR, BY ITS CHAIRMAN, RANEBENNUR, DIST: HAVERI.

BHARAMAPPA BASAPPA BANAKAR, SINCE DECEASED BY HIS LRS.

SMT. GODEMMA W/O. BHARAMAPPA BANAKAR, AGE: MAJOR, OCC: HOUSEHOLD WORK.

SRI. BASAPPA

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S/O. BHARAMAPPA BANAKAR, AGE: MAJOR, OCC: AGRICULTURE.

SRI. MALATESH S/O. BHARAMAPPA BANAKAR, AGE: MAJOR, OCC: AGRICULTURE, ALL ARE R/O. BELUR, TQ: RANEBENNUR, DIST: HAVERI.

…RESPONDENTS

(BY SMT. MALA B. BHUTE, AGA FOR R1 & R2; NOTICE TO R3 TO R5 IS SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER VIDE ANNEXURE-H DATED 30.06.1982 IN NO.LRF(A) SR 14+17+16+18/75-76 PASSED BY THE 2^ND RESPONDENT AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

This petition is filed assailing the order passed by the Land Tribunal, Ranebennur.

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In terms of the order dated 30.06.1982, occupancy

is granted in favour of respondent No.3 in respect of Sy.No.36/1 measuring 3-acres 14-guntas. The petitioners’ claim that they are the Inamdars of the said land and the property was in their cultivation.

The record of right for the year 1971 to 1974 would indicate that the petitioners were in possession of the property as holders as well as cultivators. It is urged that without issuing notice to the petitioners, the Land Tribunal in terms of the order which is impugned in the present petition, has granted occupancy right.

There is no representation on behalf of respondent No.3, the grantee.

Learned Additional Government Advocate appearing for the respondent-State would urge that the respondents have admitted the cultivation of the

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land by the applicant and has given ‘No Objection’ to confer occupancy.

The Tribunal has noticed that name of the applicant appears in the record of right from 1966 to 1967 onwards to 1974 to 1975. However, it is noticed from the record of right produced that the properties are standing in the name of the petitioners and the applicant's name is not found either in column No.12 or any other column of the record of right.

Under these circumstances, it appears that the order is passed without notice and without proper enquiry. Hence, the following:

ORDER

i. The writ petition is allowed .

ii. Impugned order dated 30.06.1982 passed by respondent No.2 at Annexure-H, is quashed.

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iii. The matter is remitted to the Land Tribunal, Ranebennur for fresh consideration in accordance with law.

iv. The Land Tribunal shall issue notice to both the petitioner as well as respondent No.3 or any of his legal representatives and thereafter, pass orders after conducting proper enquiry.

v. It is made clear that this Court has not expressed any opinion on the merits of the matter.

vi. All contentions of the parties are kept open.

Sd/(ANANT RAMANATH HEGDE) JUDGE

AM/CT-AN

List No.: 1 Sl No.: 63