Karnataka High Court
WA/1173/2025 of SUDHEER A CHANDAVARKAR Vs GEORGE on 9 July 2026
NC: 2026:KHC:34814-DB WA No. 1173 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1173 OF 2025 (LR) BETWEEN: SUDHEER A . CHANDAVARKAR, S/O. LATE ANANTHRAO
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT APPEAL NO. 1173 OF 2025 (LR)
BETWEEN:
SUDHEER A. CHANDAVARKAR,
S/O. LATE ANANTHRAO N CHANDAVARKAR,
AGED ABOUT 55 YEARS,
R/O SUBRAYA TEMPLE ROAD,
TALAGUPPA, SAGAR-TALUK,
SHIVAMOGGA DISTRICT - 591 304.
…APPELLANT
(BY SRI. R.GOPALA, ADVOCATE FOR
SRI.KRISHNAPPA, ADVOCATE FOR R1)
AND:
1.
GEORGE,
S/O P.K. SAMUEL,
AGED ABOUT 53 YEARS,
R/O TALAGUPPA,
SAGAR - TALUK,
SHIVAMOGGA DISTRICT - 591 304.
2.
THE ASSISTANT COMMISSIONER,
SAGAR SUB-DIVISION,
SAGAR SHIVAMOGGA
DISTRICT - 577 401.
…RESPONDENTS
(BY, SRI. M.N. SUDEV HEGDE, AGA FOR R2)
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
HC-KAR
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE
APPEAL
AND
SET
ASIDE
THE
IMPUGNED
Citations and Judicial Treatment
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ORDER
DATED:16.06.2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP NO.11986/2018 AND CONSEQUENTLY DISMISS THE WRIT PETITION AND 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 16.06.2025 passed by the Writ Court in WP.No.11986/2018 filed by the respondent impugning the order dated 26.09.2017 passed by the Karnataka Appellate Tribunal, Bangalore in WA.No.1039/2014.
2. The respondent after the amendment was brought in Section 77 or insertion of Section 77A of the
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Karnataka Land Reforms Act, 1961, w.e.f., 01.11.1998 filed the application in Form No.7A seeking occupancy right in respect of the land to an extent of 1.21 acres in Survey No.41/1, situated at Talaguppa Village, Sagar Taluk.
3. The respondent's application came to be allowed by the Assistant Commissioner vide order dated 19.04.2010 passed in proceedings No.7A/1413/1999- 2000.
4. The total area of Sy.No.14/1 is 2.21 acres whereas the respondent had purchased 1 acres of land vide Sale Deed dated 15.10.1959 from the owners.
5. The Assistant Commissioner has allowed the application only on the basis of enquiry report in favour of the respondent. We asked the learned counsel for the respondent that what is the revenue record to suggest that he was in possession of 1.21 acres of land and cultivating himself on 01.03.1974. Learned counsel has
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taken us through RTC which are on record. However, the RTC would suggest that he was only in possession of 1 acres of land which he had bought on 15.10.1959. The Karnataka Appellant Tribunal therefore, set aside the order passed by the Assistant Commissioner and rejected the application filed by the respondent seeking occupancy certificate in respect of the land measuring 1.21 acres in Survey No.14/1.
6. The relevant date to seek occupancy right in respect of the land in possession and self-cultivation of a person is 01.03.1974. The primary record is the revenue record, and if the revenue record suggests that the person was in occupation of the land on 01.03.1974 as the tenant and continued to be in possession till 1998 and has been cultivating the land himself when the amendment was brought under Section 77 by asserting 77A in Karnataka Land Reforms Act, then only he may be entitled for occupancy certificate in respect of such a land. As there is no revenue record which would suggest that the
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respondent was ever in possession of the land of 1.21 acres in Survey No.14/1, as tenant on 01.03.1974 and he continued in possession as such and personally cultivating the land, the Karnataka Land Appellate Tribunal correctly allowed the appeal filed by the appellants. There is no occasion for this Court to remand the matter to the Karnataka Appellate Tribunal.
7. We therefore allow the appeal and affirm the order passed by the Karnataka Appellate Tribunal. In view of we allowing the appeal, pending I.As, if any, do not survive for consideration and the same stand disposed of. Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 20 ct-vn