The High Court dismissed a writ petition challenging a Land Tribunal order granting occupancy rights to a tenant, citing an unexplained delay of 27 years and absence of material indicating error in the Tribunal's findings.
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.
NC: 2025:KHC-D:15040 WP No. 113307 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 113307 OF 2015 (LR)
BETWEEN:
… PETITIONERS
(BY SRI. S.V. YAJI, ADVOCATE)
AND:
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
3A(1). SUSHILA RUZARIO, AGE. 86 YEAS, OCC. HOUSE WIFE, R/O. MATADAKERI, KARKI, TOPALKERI, HONNAVAR, DIST. KARWAR.
HC-KAR
NC: 2025:KHC-D:15040 WP No. 113307 of 2015
HC-KAR
… RESPONDENTS
(BY SMT. MALA B. BHUTE, AGA FOR R1 AND R2; SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE FOR R3B AND R3C(1); PETITION AGAINST R4 AND R5 ARE DISMISSED WITH ORDER DATED 12.01.2017; NOTICE TO R3A(1), R3A(4), R3A(6), R3A(7) AND R3A(9) ARE SERVED; NOTICE TO R3(A2), R3(A3), R3(A8) ARE DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH OR SET ASIDE THE ORDER PASSED BY THE LAND TRIBUNAL, KARWAR IN TNC/MSC/SR/724+5042+14480 DATED 02.06.1987 IN RESPECT OF THE LAND BEARING SURVEY NO.67A HISSA 3 OF BAAD-1 VILLAGE IN KARWAR TALUK VIDE ANNEXURE-F AND TO GRANT THE OCCUPANCY RIGHT IN FAVOUR OF THE PETITIONERS IN RESPECT OF THE LAND BEARING SURVEY NO.67A HISSA 3 OF BAAD-1 VILLAGE IN KARWAR TALUK.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2025:KHC-D:15040 WP No. 113307 of 2015
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)
This petition is filed assailing the order passed by the Land Tribunal on 02.06.1987, in terms of which, the occupancy right is granted in respect of Sy.No.67A/3 measuring 4 guntas 4 annas in favour of Roza Razario, wife of Philip Rozario. The property is located in Baad -I Village, Taluk Karwar. In respect of two other properties in the same Village, namely, Sy.No.68/3 measuring 6 annas and Sy.No.140/A/3 measuring 6 annas, the application filed by Roza Ruzario is rejected.
HC-KAR
Tribunal to consider the claim of applicant of Roza Rozario in respect of Sy.Nos.68/3 and 140/A/3.
NC: 2025:KHC-D:15040 WP No. 113307 of 2015
HC-KAR
Sd/(ANANT RAMANATH HEGDE) JUDGE
brn CT:BCK LIST NO.: 2 SL NO.: 11
3 issues framed by the court
Whether the Writ Petition filed after a delay of 27 years without proper explanation is maintainable?
Whether the findings of the Land Tribunal granting occupancy rights were erroneous?
Whether the subject matter was already subject to adjudication in prior writ petitions?
1 provisions across 1 enactments
Roque Mathias Braganza
State of Karnataka
The Land Tribunal Karwar
Rosy W/o Philip Ruzario
Harishandra Krishna Patil
Siddrama Krishna Patil
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
