Intra-court writ appeal under Section 4 of the Karnataka High Court Act, 1961 by the legal representatives of original respondent No.3 (Lingappa Poojary) against the learned Single Judge's order dated 19.09.2024 in W.P.No.26512/2005(LR), whereby the writ petition of Balakka and others was allowed and the Land Tribunal, Sullia's order dated 04.08.2005 (No.L.R.Y.2695:74-75) conferring occupancy rights on respondent No.3 over Sy.No.131/3 (3 acres 35 cents), Sy.No.131/4 (70 cents) and Sy.No.131/5 (4 cents) of Marulya village, Sullia Taluk, was quashed. The family, belonging to the Billava community and governed by Aliyasanthana law, had under registered partition deed dated 30.04.1970 allotted petitioner No.1 a 5/10th share, confirmed by the preliminary decree in O.S.No.164/1975. Form No.7 had been filed by the son (Lingappa) against his father Manjappa Poojary; two earlier rounds of occupancy-rights orders had been set aside (first by quashing with de novo remand; the 13.11.1987 order in W.P.No.29353/1996 by order dated 04.08.2005), followed by a third conferral. Held (Coram: D K Singh and T.M.Nadaf, per T.M.Nadaf): cultivation of ancestral land by a family member on behalf of the family under an oral partition does not establish a landlord-tenant jural relationship; there was no material that the petitioners leased the lands or inducted respondent No.3 as tenant, and no RTC Column No.12 record was pointed out (counsel's fair concession); the lands are non-tenanted and never vested in the Government under the Karnataka Land Reforms Act. Finding no infirmity in the Single Judge's order, the Division Bench dismissed the appeal. Precedents (Smt. A. Jalajakshi D. Alwa, W.P.No.1086/1980; Rukhamanbai, AIR 1981 SC 1881) appeared only as counsel citations. Respondent No.5 was reported dead vide order dated 14.10.2025; respondents 3, 4 and 6 were served but unrepresented.
