Karnataka High Court
Puttaswamegowda vs Land Tribunal on 20 June, 2023
Bench: Alok Aradhe, Anant Ramanath Hegde
-1-
NC: 2023:KHC:21192-DB
WA No. 4720 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT APPEAL NO. 4720 OF 2017 (LR)
BETWEEN:
1. PUTTASWAMEGOWDA ,
S/O PUTTAGOWDA,
AGED ABOUT 50 YEARS,
2. KOTEGOWDA,
S/O BEEREGOWDA,
AGED ABOUT 45 YEARS,
SINCE DECEASED BY HIS LRS
2(a) MAHADEVEGOWDA,
S/O LATE KATEGOWDA,
AGED ABOUT 58 YEARS.
2(b) SHIVANNA
Digitally signed S/O LATE KATEGOWDA
by BELUR
RANGADHAMA AGED ABOUT 38 YEARS
NANDINI
BOTH ARE RESIDING AT KONGALLI VILLAGE,
Location: HIGH
COURT OF NANJANGUD TQ-571 301.
KARNATAKA
HURA POST, MYSORE DISTRICT.
3. PUTTASWAMEGOWDA,
S/O BANNEGOWDA, AGED ABOUT 50 YEARS,
4. RANGAIAH @ PUTTARANGAIAH,
S/O CHIKKARANGAIAH,
AGED ABOUT 55 YEARS
SINCE DECEASED BY HIS LRS
4 (a) MARIDASAIAH,
-2-
NC: 2023:KHC:21192-DB
WA No. 4720 of 2017
S/O LATE RANGAIAH @ PUTTARANGAIAH,
AGED ABOUT 58 YEARS.
4(b) PRASAD
S/O LATE RANGAIAH @ PUTTARANGAIAH
AGED ABOUT 40 YEARS,
BOTH ARE RESIDING AT MELKUNDI VILLAGE,
NANJANGUD TQ-571 301,
HURA POST MYSORE DISTRICT.
5. SIDDEGOWDA
S/O PAWADEGOWDA,MAJOR
6. HUCCHEGOWDA
DEAD BY HIS LRS
6(b) BEEREGOWDA,
S/O LATE HUCCHEGOWDA,
AGED ABOUT 28 YEARS.
ALL ARE R/O KONGAHALLI HURA POST,
NANJANGUD TQ-571 301, MYSORE DISTRICT.
APPELLANTS NO.2(a) AND 4(a) ARE NOT CLAIMING
SENIOR CITIZEN BENEFIT.
...APPELLANTS
(BY SRI. S B HALLI, ADVOCATE)
AND:
1. LAND TRIBUNAL,
NANJANGUD BY ITS SECRETARY,
NANJANGUD TQ-571 301,
MYSORE DISTRICT - 571301.
2. STATE OF KARNATAKA,
BY ITS SECRETARY, REVENUE DEPT M S BUILDING,
DR AMBEDKAR BEEDI, BANGALORE-01.
3. SARVAJANIKA VIDYARTHI NILAYA,
BY ITS SECRETARY, MYSORE.
4. PUTTESWAMEGOWDA,
S/O MUGLIGOWDA, MAJOR.
-3-
NC: 2023:KHC:21192-DB
WA No. 4720 of 2017
5. OBALEGOWDA,
S/O OBALEGOWDA, MAJOR.
4 AND 5 ARE R/O KONGALLI VILLAGE,
HURA POST,NANJANAGUD TQ-571 301,
MYSORE DISTRICT-571301.
6. SIDDEGOWDA,
S/O KURIMADEGOWDA,
SINCE DECEASED BY HIS LRS
(a) SHIVANNEGOWDA,
S/O LATE SIDDEGOWDA,
AGED ABOUT 50 YEARS,
R/O MELKUNDI VILLAGE,
NANJANGUD TQ, HURA POST - 571301
MYSORE DISTRICT.
7. DEBUR MADASHETTY,
MAJOR, SINCE DECEASED BY HIS LRS
7(a) NINGA SHETTY,
S/O LATE DEBUR MADASHETTY,
AGED ABOUT 55 YEARS,
7(b) CHANNA SHETTY
S/O LATE DEBUR MADASHETTY
AGED ABOUT 50 YEARS,
BOTH ARE R/O MELKUNDI VILLAGE,
NANJANGUD TQ, HURA POST,
MYSORE DISTRICT-571 301.
8. NANJAPPA
S/O MALLAIAH, MAJOR.
9. SIDDEGOWDA
S/O MARIGOWDA
SINCE DECEASED BY HIS LRS
9(a) GURUVEGOWDA,
S/O LATE SIDDEGOWDA, AGED ABOUT 55 YEARS.
-4-
NC: 2023:KHC:21192-DB
WA No. 4720 of 2017
9(b) MADEGOWDA,
S/O LATE SIDDEGOWDA,
AGED ABOUT 45 YEARS.
9(c)BASAVEGOWDA,
S/O LATE SIDDEGOWDA,
AGED ABOUT 40 YEARS,
RESPONDENTS 9(a) to (c) ARE
R/O MELKUNDI VILLAGE, NANJANGUD TQ,
HURA POST, MYSORE DISTRICT-571 301.
10. ANJANEYA @ KARIYAIAH,
S/O PUTTADASAIAH,
SINCE DECEASED BY HIS LRS,
10(a) RANGARAM,
S/O LATE ANJANEYA @ KARIYAIAH,
AGED ABOUT 40 YEARS.
10 (b) SADASHIVA,
S/O LATE ANJANEYA @ KARIYAIAH,
AGED ABOUT 35 YEARS,
BOTH ARE R/O MELKUNDI VILLAGE,
NANJANGUD TQ, HURA POST,
MYSORE DISTRICT-571 301.
11. M SHIVAIAH SHETTY,
S/O PUTTASHETTY, MAJOR.
12. PUTTAMADAPPA @ PONDAPPA,
MAJOR, SINCE DECEASED BY LRS,
12(a) SMT RATHNAMMA,
W/O LATE PUTTAMADAPPA,
AGED ABOUT 35 YEARS.
R/O MELKUNDI VILLAGE, NANJANGUD TQ,
HURA POST,MYSORE DISTRICT-571 301.
13. CHANNAGOWDA,
S/O MADEGOWDA,
MAJOR, SINCE DEAD BY HIS LRS.
-5-
NC: 2023:KHC:21192-DB
WA No. 4720 of 2017
13(a) MADEGOWDA,
S/O LATE CHANNAGOWDA, MAJOR.
14. MADEGOWDA
S/O LATE CHANNAGOWDA, MAJOR
15. K MAHADEVASHETTY,
S/O PUTTASHETTY, MAJOR,
SINCE DECEASED. BY HIS LRS
15(a) BASAVASHETTY,
S/O K MAHADEVASHETTY,
AGED ABOUT 25 YEARS,
R/O MELKUNDI VILLAGE, NANJANGUD TQ,
HURA POST, MYSORE DISTRICT-571 301.
16. VEERABHADRAPPA @ KARIYAPPA,
S/O NINGAPPA, MAJOR.
17. MADAIAH,
S/O BASAVAIAH, MAJOR, DEAD BY LR'S
17(a) SMT CHINNAMMA,
W/O LATE MADAIAH,
AGED ABOUT 30 YEARS,
R/O MELKUNDI VILLAGE, NANJANGUD TQ,
HURA POST-571 301. MYSORE DISTRICT.
18. MARIKYATHAIAH,
S/O MARIERAIAH, MAJOR,
SINCE DECASED BY HIS LRS,
18(a) MARIERAIAH,
S/O LATE MARIKYATAIAH,
AGED ABOUT 50 YEARS,
R/O MELKUNDI VILLAGE, NANJANGUD TQ,
HURA POST-571 301, MYSORE DISTRICT.
19. CHIKKANNA,
S/O NINGAPPA,
-6-
NC: 2023:KHC:21192-DB
WA No. 4720 of 2017
SINCE DECEASED BY HIS LRS,
19(a) MAHADEVAPPA,
S/O LATE CHIKKANNA,
AGED ABOUT 30 YEARS,
19(b) CHINNASWAMAPPA,
S/O LATE CHIKKANNA,
AGED ABOUT 28 YEARS.
19(c)SUNDARAPPA,
S/O LATE CHIKKANNA,
AGED ABOUT 26 YEARS,
19(d) MURTHAPPA,
S/O LATE CHIKKANNA,
AGED ABOUT 24 YEARS,
19(e) CHANNAPPA,
S/O LATE CHIKKANNA,
AGED ABOUT 22 YEARS,
RESPONDENTS 19(a) to 19(e) ARE
R/O MELKUNDI VILLAGE, NANJANGUD TQ,
HURA POST, MYSORE DISTRICT-571 301.
20. SIDDEGOWDA
S/O GUNEGOWDA, MAJOR
21. CHIKKAMADESETTY
S/O MADASETTY, SINCE DECEASED BY HIS LRS
21(a) MADA SHETTY,
S/O LATE CHIKKA MADASHETTY,
AGED ABOUT 35 YEARS.
21(b) HUCHAIAH SHETTY,
S/O LATE CHIKKA MADASHETTY,
AGED ABOUT 32 YEARS,
BOTH ARE R/O MELKUNDI VILLAGE,
NANJANGUD TQ, HURA POST,
MYSORE DISTRICT-571 301.
-7-
NC: 2023:KHC:21192-DB
WA No. 4720 of 2017
22. BILIGIRI RANGAIAH,
S/O HANUMANTHAIAH,
MAJOR, SINCE DEAD BY HIS LRS
(a) SMT MAHADEVI W/O BELEGIRIRANGAIAH
SINCE DECEASED BY HER LR
22 (a)(i). RANGAIAH
S/O LATE BILIGIRI RANGAIAH
AGED ABOUT 25 YEARS
R/O MELKUNDI VILLAGE NANJANGUD TQ
HURA POST, MYSORE DISTRICT-571 301.
23. MYSORE MADASETTY,
MAJOR, SINCE DEAD BY HIS LRS
i. MADAMMA,
W/O MADASETTY,
AGED ABOUT 55 YEARS.
ii. KALINGA SHETTY, S/O MADASHETTY
iii. MAHADEVA SHETTY, S/O MADASHETTY.
iv. BHATTI, S/O MADASETTY.
24. SIDDAIAH
S/O DUGGALLI BASAPPA,
MAJOR
25. SHIVAYYA SETTY
S/O MARIBASAVA SHETTY,
MAJOR
SINCE DEAD BY HIS LRS
25(a) KEMPAMMA,
W/O SHIVAYYA SHETTY,
AGED ABOUT 45 YEARS,
25(b) MAHADEVA SHETTY,
S/O SHIVAIAH SHETTY,
-8-
NC: 2023:KHC:21192-DB
WA No. 4720 of 2017
AGED ABOUT 30 YEARS,
25(c)BASAVA SHETTY,
S/O SHIVAIAH SHETTY,
25 (d) CHINNAIAH SHETTY,
S/O SHIVAIAH SHETTY,
AGED ABOUT 24 YEARS.
26. MAHADEVAPPA,
S/O MADAPPA, MAJOR,
SINCE DEAD BY HIS LRS,
26(a) SMT NAGAMMA,
W/O MAHADEVAPPA AND MINOR CHILDREN
SHRI MAHESH, AGED ABOUT 3 YEARS,
AND MAHADEVI 5 YEARS
REPRESENTED BY THEIR
MOTHER SMT NAGAMMA.
27. SHETTIHALLI MADAIAH,
S/O SIDDAIAH, MAJOR,
SINCE DECEASED BY HIS LRS,
27(a) SWAMAIAH,
S/O LATE SHETTIHALLI MADAIAH,
AGED ABOUT 55 YEARS,
R/O MELKUNDI VILLAGE, NANJANGUD TQ,
HURA POST-571 301, MYSORE DISTRICT.
R6 TO 27 ARE RESIDENTS OF
MELKUNDI VILLAGE, NANJANGUD TQ,
MYSORE DISTRICT - 571301.
28. APPANNEGOWDA,
S/O BEEREGOWDA,
SINCE DECEASED BY HIS LRS,
28(a) SANNAMMA,
W/O LATE APPANNE GOWDA,
AGED ABOUT 60 YEARS.
28(b) SHIVANNA,
-9-
NC: 2023:KHC:21192-DB
WA No. 4720 of 2017
S/O LATE APPANNE GOWDA,
AGED ABOUT 35 YEARS,
28(c) CHIKKANNA,
S/O LATE APPANNEGOWDA,
AGED ABOUT 30 YEARS.
RESPONDENTS 28(a) TO 28(c) ARE
R/O M KONGALLI, HURA POST,
NANJANGUD TQ,
MYSORE DISTRICT-571 301.
29. SHIVAPPA,
S/O RAMAPPA,
MAJOR, R/O DUGGALLI,
NANJANGUD TQ, MYSORE DISTRICT-571 301.
...RESPONDENTS
(BY SRI LAXMI NARAYAN, AGA FOR R1 AND R2,
V/O/DTD: 10.03.2023 APPEAL QUA DECD R5, R8,
R21(A), R24 & R29 ARE STANDS ABATED,
R3, R4, R6(A), R7(A), R9(A), R9(B), R9(C), R10(A), R10(B),
R11, R13(A), R14, R16, R17(A), R18(A), R19(A), R19(B),
R19(C), R19(D), R19(E), R21(B), R23(B), R23(F) R27(A),
R28(B) - SERVED, V/O/DT: 17.04.2023 NOTICE IN R/O R7(B),
R15(A), R12(A), R20, R22(A)(A), R23(A & C),
R25(A-D), R26(A) AND R28(C) ARE SERVED
THROUGH PAPER PUBLICATION)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED 09/11/2016 PASSED IN THE WRIT PETITION
761-766/1994.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
ANANT RAMANATH HEGDE J., DELIVERED THE FOLLOWING:
JUDGMENT
This intra court appeal is filed challenging the order
passed by the learned Single Judge in terms of the order dated
- 10 -
NC: 2023:KHC:21192-DB
WA No. 4720 of 2017
09.11.2016 passed in Writ Petitions No.761-766/1994. In
terms of the impugned order, the Learned Single Judge has
dismissed the writ petitions filed by the petitioners.
2. In the aforementioned writ petitions, writ petitioners
impugned the order dated 29.11.1993 passed by the Land
Tribunal, Nanjangud.
3. The brief facts necessary for adjudication of this
appeal can be summarized as under:
- Sy.No.124 of Malagalli Village, Nanjangud Taluk,
Mysore District is the subject matter of dispute. The total
extent of land is 24 acres 2 guntas. Form No.7 applications
were filed in the said survey number claiming occupancy rights
in respect of aforementioned land to a different extent held by
the petitioners as tenants. Earlier the land Tribunal vide order
dated 24.11.1978 had granted occupancy rights to certain
persons and the said order was called in question by filing Writ
Petitions No.10040-10045/1980. The writ petitions were
allowed and the earlier order of land Tribunal was set-aside and
- 11 -
NC: 2023:KHC:21192-DB
WA No. 4720 of 2017
the matter was remitted for the Land Tribunal for fresh
consideration.
4. After fresh consideration, the Land Tribunal has
granted occupancy rights in favour of 33 applicants and claim
of 3 applicants have been rejected. Challenging the said order,
the writ petitioners filed the writ petitions. Learned Single
Judge of this Court has rejected the petition on the ground that
the claim of appellant No.1 seeking occupancy rights in respect
of 3 acres and claim of other appellants seeking occupancy
rights in respect of 1 acre is not substantiated by records.
Aggrieved by the order of the learned Single Judge, writ
petitioners are before this Court.
5. Heard learned counsel appearing for the appellants
and learned Government Advocate appearing for the
respondents.
6. Learned counsel for the appellants to substantiate
his contention has also filed an application under Order XLI
Rule 27 Code of Civil Procedure for production of additional
documents. Learned counsel for the appellant would submit
- 12 -
NC: 2023:KHC:21192-DB
WA No. 4720 of 2017
that the additional documents produced viz., RTC pertaining to
Sy.No.124 and the revenue receipt pertaining to the
aforementioned land would establish the fact that appellant
No.1 is in possession of 3 acres of land in the aforementioned
Survey number. He would further submit that the Tribunal is
not justified in granting only 20 guntas of land in favour of the
1st appellant. The Tribunal ought to have granted 3 acres of
land to appellant No.1 and should have granted occupancy
rights to the remaining appellants based on the statement of
the President of the Hostel which was given on 26.11.1978.
7. This Court has considered the contentions raised at
the bar and also perused the records as well as the additional
documents produced along with the application under Order XLI
Rule 27 Code of Civil Procedure.
8. As far as the additional documents produced before
this Court is concerned, this Court is of the view that said
statement at Annexure - A cannot be taken into consideration
for the simple reason that the documents are all the revenue
records for the years 1982-83 onwards. Since the Court has to
decide the claim for occupancy rights under the provisions of
- 13 -
NC: 2023:KHC:21192-DB
WA No. 4720 of 2017
the Karnataka Land Reforms Act, the Court has to consider
whether the person who claims occupancy was cultivating the
land as a tenant immediately before 1.3.1974. The claimant
has to produce records/evidence to show that he was legally
cultivating the land as a tenant immediately prior to 1.3.1974.
Since the documents sought to be produced as additional
documents are not the documents immediately prior to
1.3.1974, the application cannot be allowed and the
documents sought to be produced as a additional evidence
cannot be taken into consideration. Accordingly, the
application for production of additional evidence is rejected.
9. So far as the contention of the appellant that
occupancy right is to be granted to appellant No.1 in respect of
3 acres and occupancy right to the extent of 1 acre in favour of
appellants No.3 and 4 is concerned, the said claim is not
supported by any acceptable material. Except the statement of
the President of Sarvajanika Vidyarthi Nilaya marked at
Annexure - A which is given in the year 1978, there is nothing
on record to accept the contention of the appellant no.1 that he
was in possession of 3 acres of land as a tenant immediately
before 01.03.1974. Also there is nothing on record to hold that
- 14 -
NC: 2023:KHC:21192-DB
WA No. 4720 of 2017
the appellants No.3 and 4 were in possession of 1 acre of land
as tenants immediately before 01.03.1974.
10. On the other hand, Tribunal has taken into
consideration statement given by the Secretary of the hostel
which owned the property. The statement dated 23.11.1977
which is issued by the Secretary of the Hostel which owned the
land does not support the claim of the appellants. The Tribunal
has relied upon the statement of the Secretary and has chosen
to ignore the statement of the President. It is required to the
noticed that the statement dated 23.11.1977 issued by the
Secretary is prior to the statement said to have been issued by
the President.
11. No ground is made out before the learned Single
Judge or before this Court as to why the statement relating to
cultivation of property by the tenants given by the Secretary is
to be ignored and statement given by the President is to be
accepted.
12. The Tribunal has granted occupancy rights to 33
claimants and did not deem it appropriate to refer to the
- 15 -
NC: 2023:KHC:21192-DB
WA No. 4720 of 2017
statement of the President which was given in the year 1978.
Claim filed by other 3 persons is rejected. Except the 6
claimants, others have not questioned the order of the
Tribunal.
13. Since, the appellants have not produced any
acceptable records to substantiate their claim to grant
occupancy to higher extent of land than what is granted by the
Tribunal, this Court is not inclined to interfere with the order
passed by the Learned Single Judge in dismissing the Writ
Petitions and confirming the order passed by the Tribunal.
14. For the reasons assigned above, this Court is of the
view that no grounds are made out by the appellant to interfere
with the order passed by the learned Single Judge.
15. Accordingly, writ appeal is dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
BRN
