Sri. Veeresh Vs the Assistant Commissioner and Land Tribunal — Karnataka HC (2026) — LawSathi Research

Sri. Veeresh Vs the Assistant Commissioner and Land Tribunal — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:16184-DB WA No. 840 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF MARCH, 2026

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 840 OF 2025 (KLR-RES)

BETWEEN:

SRI. VEERESH S/O LATE RUDRAPPA POOJARI, AGED ABOUT 26 YEARS,

MISS. MEGHA D/O LATE RUDRAPPA POOJARI, AGED ABOUT 28 YEARS,

SMT. S. BASAMMA

W/O LATE RUDRAPPA POOJARI, AGED ABOUT 45 YEARS,

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

ALL ARE R/O HALIVANA VILLAGE HARIHARA TALUK, DAVANAGERE DISTRICT - 577530.

(BY SRI. VIRUPAKSHAIAH P.H., ADVOCATE)

…APPELLANTS

AND:

THE ASSISTANT COMMISSIONER AND LAND TRIBUNAL, DAVANAGERE SUB-DIVISION, DAVANAGERE- 577 213.

THE TAHASILDAR CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577 213.

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NC: 2026:KHC:16184-DB WA No. 840 of 2025

HC-KAR

SRI. BASAVANNA DEVARU AN UNREGISTERED TEMPLE, SITUATED AT SAGARAPETE VILLAGE, HAROSAGARA HOBLI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 213. REPRESENTED BY ITS ARCHAK SRI. VEERESH

…RESPONDENTS

(BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R1 & R2; SRI. GIREESHA R.J, ADVOCATE FOR R3(VC))

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS IN WP NO.5125/2025 AND SET ASIDE THE ORDER DATED 21/03/2025 IN WP 5125/2025 PASSED BY THE LEARNED SINGLE JUDGE BY ALLOWING WP NO.5125/2025 FILED BY THE APPELLANTS/PETITIONERS HEREIN, ETC.

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

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

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

The present intra Court appeal has been filed

impugning the judgment and order dated 21.03.2025 passed by the learned Single Judge in W.P.No.5125/2025 (KLR-RES), filed by the appellants herein.

The parties are referred to as per their ranking

before the writ Court, for the sake of convenience.

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HC-KAR

The father of the petitioner Nos.1 and 2 and husband of petitioner No.3, late Rudrappa Poojari, had filed an application in Form No.7A as provided under Section 48A of the Karnataka Land Reforms Act, 1961 stating therein that the land in question was in his position as a tenant before 01.03.1974. The said application of Sri Rudrappa Poojari came to be dismissed by the Assistant Commissioner on 08.11.2005. Sri Rudrappa Poojari died in the year 2007. The appeal by the petitioners before the Land Tribunal was filed in the year 2021 i.e., after 15 long years from the date of death of Rudrappa Poojari. Sri Rudrappa Poojari never challenged the order dated 08.11.2005 during his lifetime before the Land Tribunal. The Tribunal therefore, dismissed the appeal filed by the petitioners and the said order passed by the Land Tribunal came to be challenged before the learned Single Judge.

The learned Single Judge having noticed the aforesaid fact that the order dated 08.11.2005 was never challenged by Sri Rudrappa Poojari during his lifetime i.e.

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NC: 2026:KHC:16184-DB WA No. 840 of 2025

HC-KAR

up to 2007 until he died and the appeal came to be filed

after 15 long years from the date of the order dated 08.11.2005 passed by the Assistant Commissioner, who had rejected the application filed in Form No.7A.

We are in total agreement with the impugned judgment and order dated 21.03.2025 passed by the learned Single Judge. Therefore, we dismiss this appeal, however, no order as to costs.

In view dismissal of the appeal, pending interlocutory application, if any do not survive for consideration, hence stand disposed of.

Sd/(D K SINGH) JUDGE

Sd/(T.M.NADAF) JUDGE

NG CT: SN List No.: 1 Sl No.: 4