Smt Anasuya v. The State of Karnataka

((((((((((((HC-KAR, NC:(2026:KHC:44896-DB( WA(No.(1756(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010481172026( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(19 (DAY(OF(AUGUST,(2026(

PRESENT(

THE(HON'BLE(MR.(JUSTICE(D(K(SINGH(

AND((

THE(HON'BLE(MR.(JUSTICE(H.SHANTHI(BHUSHAN(

WRIT(APPEAL(NO.(1756(OF(2026((LR)(

BETWEEN:((

(

1., SMT.ANASUYA,, D/O,LATE,APPAYYANNA,,

AGED,ABOUT,69,YEARS,, ST R/AT,NO.,1110,,1 ,MAIN,ROAD,, UPANAGAR,,KENGERI,,

BENGALURU,SOUTH,, BENGALURU,-560,060., ,

2., SMT.,SOWBHAGYA,, D/O,LATE,APPAYYANNA,, AGED,ABOUT,68,YEARS,,

R/AT,NANDINI,LAYOUT,, Digi tally BENGALURU-560,040., signedtiby , MALA0K0N 3., SRI.,MANJUNATH,, S/O,LATE,APPAYYANNA,,Location: High0Court AGED,ABOUT,66,YEARS,, STof0Karnataka R/AT,NO.,1110,,1 ,MAIN,ROAD,, UPANAGAR,,KENGERI,, BENGALURU,SOUTH,, BENGALURU,-560,060., ,

4., SRI.,RAMESH,, S/O,LATE,APPAYYANNA,, AGED,ABOUT,65,YEARS,, STR/AT,NO.,1110,,1 ,MAIN,ROAD,, UPANAGAR,,KENGERI,, BENGALURU,SOUTH,, BENGALURU,-560,060., ((((((((((((HC-KAR, NC:(2026:KHC:44896-DB( WA(No.(1756(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010481172026( ( ,

5., SRI.,DAYANANDA,, S/O,LATE,APPAYYANNA,, AGED,ABOUT,60,YEARS,, STR/AT,NO.,1110,,1 ,MAIN,ROAD,, UPANAGAR,,KENGERI,, BENGALURU,SOUTH,, BENGALURU,-560,060., …APPELLANTS, (BY,SRI.,UDAYA,HOLLA.,,SENIOR,ADVOCATE,FOR, ,,,,,,SRI.,BHANU,PRASAD.K.,ADVOCATE), , AND:( (

1., THE,STATE,OF,KARNATAKA,, REP,BY,ITS,CHIEF,SECRETARY,, VIDHANA,SOUDHA,, DR.,B,R,AMBEDKAR,VEEDHI,, BENGALURU,-560,001., ,

2., THE,LAND,TRIBUNAL,, REP,BY,ITS,CHAIRMAN,, BENGALURU,SOUTH,TALUK,, K,G,ROAD,,KANDAYA,BHAVAN,, BENGALURU-560,009., ,

3., SMT.,TULASAMMA,, D/O,LATE,DASAPPA,, W/O,VENKATARAJAPPA,G,H,, AGED,ABOUT,79,YEARS,, R/AT,NO.,39/46,,PASCHIM,COUNTY,, MYDARAHALLI,, BENGALURU,-560,090., ,

4., SMT.SHARADAMBA,G,V,, D/O,ENKATARAJAPPA,G,H,, AGED,ABOUT,62,YEARS,, R/AT,NO.315,,, STK,M,SONNAPPA,LAYOUT,,1 ,CROSS,,, NEAR,ANMOL,VENKATESHA,NILAYA,, KEREGUDDADAHALLI,,GUDDAHALLI,, ((((((((((((HC-KAR, NC:(2026:KHC:44896-DB( WA(No.(1756(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010481172026( ( CHIKKABANAWARA,, BENGALURU,-560,090., ,

5., SRI.,G,V,SRINIVASA,, S/O,VENKATARAJAPPA,G,H,, AGED,ABOUT,60,YEARS,, R/AT,NO.,25,,KSM,NILAYAM,, THAPC,LAYOUT,,4 ,CROSS,, LAKE,SHORE,GARDEN,, ND2 ,CROSS,,THINDLU,MAIN,ROAD,, BENGALURU,NORTH,, VIDYARANYAPURA,POST,, BENGALURU,-560,097., ,

6., SRI.,VENKATESHA,G,V,, S/O,VENKATARAJAPPA,G,H,, AGED,ABOUT,58,YEARS,, R/AT,NO.,803/16,,KRISHNA,DHAMA,, S,S,HOSPITAL,ROAD,, NEAR,SAI,BABA,TEMPLE,, BHOOMIKA,NAGARA,, NITTUVALLI,POST,, DAVANAGERE-577,004., ,

7., SRI.,VITTAL,KUMAR,G,V,, S/O,VENKATARAJAPPA,G,H,, AGED,ABOUT,48,YEARS,, ST NDR/AT,NO.,47,,1 ,MAIN,,2 ,CROSS,,,, SONNAPPA,LAYOUT,,, KEREGUDDADAHALLI,, CHIKKABANAWARA,, BENGALURU,-560,090., ,

8., SRI.,VIJAY,KUMAR,, S/O,LATE,APPAYYANNA,, AGED,ABOUT,72,YEARS,, STR/AT,NO.,1110,,1 ,MAIN,ROAD,, UPANAGAR,,KENGERI,, BENGALURU,SOUTH,, BENGALURU,-560,060., , ((((((((((((HC-KAR, NC:(2026:KHC:44896-DB( WA(No.(1756(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010481172026( (

9., SRI.,K,KRISHNAPPA,, S/O,LATE,KEMPANNA,, AGED,ABOUT,78,YEARS,, R/AT,NO.,3,,THIPPUR,, K,GOLLAHALLI,POST,, KENGERI,HOBLI,NEAR,BUS,STOP,, KUMBALAGODU,,BENGALURU,-560,060., ,

10., SMT.,VENKATAMMA,, D/O,LATE,KEMPANNA,, W/O,GOPALAPPA,, AGED,ABOUT,67,YEARS,, R/AT,NO.,48,,VINAYAKA,NAGAR,, NEAR,ROBIN,THEATRE,, KENGERI,UPANAGAR,, BENGALURU,SOUTH,,KENGERI,, BENGALURU,-560,060., ,

11., SMT.,RATNA,K,, D/O,LATE,KEMPANNA,, W/O,R,T,MARAPPA,, AGED,ABOUT,65,YEARS,, ND THR/AT,NO.,285,,2 ,MAIN,,4 ,CROSS,,, NGEF,LAYOUT,,MALLATHHALLI,, BENGALURU,-560,056., ,

12., SMT.,SAROJAMMA,, D/O,LATE,MUNIGOPALAPPA,, W/O,B,M,RAMAKRISHNA,, AGED,ABOUT,73,YEARS,, R/AT,NO.,14,,DODDAGUBBI,, BENGALURU,-562,149., ,

13., SMT.,LAKSHMI,D/O,LATE,PILLAPPA,, W/O,LOKESH,K,M,, AGED,ABOUT,40,YEARS,, R/AT,NO.,11,,KAMAYANAPALYA,, KENGERI,BENGALURU,SOUTH,, KUMBALAGODU,GOLLAHALLI,, BENGALURU,-560,060., , ((((((((((((HC-KAR, NC:(2026:KHC:44896-DB( WA(No.(1756(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010481172026( (

14., SRI.,MANU,KUMAR,, S/O,LATE,PILLAPPA,, AGED,ABOUT,31,YEARS,, RDR/AT,NO.,51,,3 ,CROSS,, CHIKKABETTAHALLI,, BENGALURU,NORTH,, BENGALURU,-560,097., ,

15., SRI.,NAVEEN,KUMAR,, S/O,LATE,PILLAPPA,, AGED,ABOUT,30,YEARS,, RDR/AT,NO.,51,,3 ,CROSS,, CHIKKABETTAHALLI,, BENGALURU,NORTH,, BENGALURU,-560,097., ,

16., SMT.,MUNILAKSHMAMMA,, D/O,LATE,GOPALAPPA,, W/O,GANGADHARA,, AGED,ABOUT,61,YEARS,, R/AT,NO.,206,,DODDAGUBBI,, BIDARAHALLI,HOBLI,, DR,SHIVARAM,KARANTH,NAGAR,, BENGALURU,NORTH,, BENGALURU,-560,097., ,

17., SMT.,NAGAMMA,, D/O,LATE,GOPALAPPA,, W/O,NARAYANASWAMY,, AGED,ABOUT,59,YEARS,, R/AT,T,AGRAHARA,, THAMMARAYASANDRA,AGRAHARA,, BENDIGANAHALLI,POST,, BENGALURU,RURAL,HOSKOTE-560,129., ,

18., SRI.,MUNIRAJU,G,, S/O,LATE,GOPALAPPA,, AGED,ABOUT,57,YEARS,, R/AT,NO.,82,,CHIKKAGUBBI,ROAD,, NEAR,SOMESHWARA,TEMPLE,, DODDA,GUBBI,,BENGALURU,-562,149., ((((((((((((HC-KAR, NC:(2026:KHC:44896-DB( WA(No.(1756(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010481172026( (

19., SMT.,NALINA,, S/O,LATE,ANJINAPPA,, W/O,N,MUTHAIAH,, AGED,ABOUT,62,YEARS,, R/AT,JATHAVARA,HOSAHALLI,, JATHAVARA,POST,, CHIKKABALLAPURA,TALUK,, CHIKKABALLAPURA,-562,101., ,

20., SRI.,MUNIRATNA,, S/O,LATE,ANJINAPPA,, AGED,ABOUT,60,YEARS,, R/AT,NO.,15,,BANDE,MUTT,ROAD,, LINE,,BANDEMUTT,,K,S,TOWN,, KENGERI,UPANAGAR,, BENGALURU,-560,060., ,

21., SRI.,LAKSHMANA,, S/O,LATE,ANJINAPPA,, AGED,ABOUT,57,YEARS,, R/AT,NO.,260,,KOMMAGHATTA,, ROAD,VIVEKANANDA,NAGARA,, K,S,TOWN,,BENGALURU,-560,060., ,

22., SMT.,NAGAVENI,, D/O,LATE,ANJINAPPA,, W/O,MUNIRAJU,, AGED,ABOUT,54,YEARS,, R/AT,NO.,260,,KOMMAGHATTA,, ROAD,VIVEKANANDA,NAGARA,, K,S,TOWN,,, BENGALURU,-560,060., ,

23., SMT.,MANJULA,A,, D/O,LATE,ANJINAPPA,, W/O,VIJAY,KUMAR,N,, AGED,ABOUT,44,YEARS,, R/AT,NO.,260,KOMMAGHATTA,ROAD,, VIVEKANANDA,NAGARA,, K,S,TOWN,,BENGALURU,-560,060., , ((((((((((((HC-KAR, NC:(2026:KHC:44896-DB( WA(No.(1756(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010481172026( (

24., SRI.,SOMASHEKARA,, S/O,LATE,ANJINAPPA,, AGED,ABOUT,44,YEARS,, R/AT,NO.,260,,KOMMAGHATTA,ROAD,, VIVEKANANDA,NAGARA,,, K,S,TOWN,, BENGALURU,-560,060., …RESPONDENTS, , (BY,SRI.B.RAVINDRANATH,,AGA,FOR,R1,TO,R2;, ,,,,,,SRI.ASHOK,HARANAHALLI,,SENIOR,ADVOCATE,FOR, ,,,,,,SRI.NARASIMHARAJU,,ADVOCATE,FOR,R3,TO,R7;, ,,,,,,SRI.VIKRAM,HUILGOL,,SENIOR,ADVOCATE,FOR,, ,,,,,,SRI.K.R.RAMESH,,ADVOCATE,FOR,R9-R24;, ,,,,,,NOTICE,TO,R8,DISPENSED,WITH,V.C.O,DATED,27.07.26), , , , THIS, WRIT, APPEAL, FILED, U/S, 4, OF, THE, KARNATAKA, HIGH,COURT,ACT,PRAYING,TO,SET,ASIDE,THE,ORDER,DATED,

19.06.2026,PASSED,IN,WP,No.,25855/2025,(LR),PASSED,BY, THE, LEARNED, SINGLE, JUDGE, OF, THIS, HON'BLE, COURT,, IN, THE,INTEREST,OF,JUSTICE,AND,EQUITY.,, , , 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,H.SHANTHI,BHUSHAN, , , , , ,

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE H SHANTHI BHUSHAN)

The present appeal has been filed impugning the judgment and order dated 19.06.2026 passed by the learned Single Judge in W.P.No.25855/2025 (LR).

¶2The parties shall be referred to as per their ranking before the learned Single Judge.

¶3The petitioners before the learned Single Judge have called in question the order dated 10.03.1975 passed by the Land Tribunal, Bengaluru South Taluk, in LRF No.909/1974-75, whereby occupancy rights in respect of the schedule properties came to be granted in favour of Appayyanna. The schedule properties bearing Survey No.5/1B measuring guntas, Survey No.213/2A measuring 1 acre 6 guntas and Survey No.213/2D measuring 3 acres 16 guntas, situated at Kengeri Village, Bengaluru South Taluk, originally belonged to late Dasappa, who had acquired the same under a registered

Partition Deed dated 16.12.1948. After his death on

25.02.1961, he was survived by his wife Hanumakka and six daughters. One of the daughters, namely Sanjeevamma, instituted O.S.No.125/1973 seeking partition, which came to be decreed holding that Hanumakka and her six daughters were entitled to one-seventh share each in the suit properties. During the pendency of the proceedings, Appayyanna, who was the son-in-law of Hanumakka, filed Form No.7A before the Land Tribunal claiming occupancy rights in respect of the schedule properties, contending that he was personally cultivating the same from the year 1962-63.

¶4It is the case of the petitioners that the schedule properties were joint family properties of Hanumakka and her six daughters and that the conferment of occupancy rights in favour of Appayyanna was wholly contrary to law. It was submitted that Appayyanna was a Government School Teacher and, notwithstanding his knowledge of the family and the

pending civil proceedings, had filed Form No.7A without impleading Hanumakka's daughters, who were necessary and proper parties. It was further contended that no notice had been issued to the persons interested in the lands and that the Land Tribunal had not conducted the enquiry contemplated under Section 48-A of the Karnataka Land Reforms Act, 1961 and Rule 17 of the Rules. According to the petitioners, the order of the Land Tribunal was therefore non-est and was vitiated by fraud, violation of natural justice and jurisdictional error.

¶5On the other hand, it is the case of respondent Nos.4 to 8 that the writ petition, having been instituted after a lapse of nearly five decades, was liable to be dismissed on the ground of delay and laches. It was argued that there was no prohibition in law against a Government servant being recognised as a tenant, provided he was personally cultivating the land. It was further submitted that a son-in-law could cultivate the land as a tenant under his mother-in-law and that the mere

fact that Appayyanna was a School Teacher would not disentitle him from claiming occupancy rights. Reliance was placed on the decisions referred to before the Court. Learned counsel appearing for respondents 9 to 24, however, supported the case of the petitioners and submitted that the Land Tribunal was required to conduct an enquiry under Section 48-A of the Act. The learned Additional Government Advocate appearing for respondents 1 and 2 supported the order passed by the Land Tribunal.

¶6Having considered the rival submissions and the material on record, the Court found that the order of the Land Tribunal could not be sustained. The record disclosed that the daughters of Hanumakka and late Dasappa, who had an interest in the schedule properties, had not been impleaded before the Land Tribunal. The Tribunal was under a statutory obligation under Section 48-A of the Act to issue notice to the landlord and all other persons interested in the land and to conduct the requisite enquiry.

Rule 17 of the Rules also required the Tribunal to consider the material on record and pass a reasoned order after following the prescribed procedure. The Court further found that the Tribunal had not conducted an enquiry to establish whether Appayyanna was in fact personally cultivating the lands. In the circumstances, the failure to implead the interested parties and the failure to follow the mandatory procedure resulted in a jurisdictional error. The contention regarding fraud is also required consideration in a proper enquiry before the Tribunal. Accordingly, allowed the writ petition and set aside the order dated 10.03.1975 passed by the Land Tribunal in LRF No.909/1974-75 and remitted the matter to the Land Tribunal for fresh consideration in accordance with law, after affording an opportunity of hearing to all the parties interested in the schedule properties and keeping in view the observations made in the judgment. The Land Tribunal was directed to dispose of the proceedings at the earliest possible.

¶7Aggrieved by the order passed by the learned Single Judge, whereby the matter was remanded to the Land Tribunal for fresh consideration, the appellants have preferred the present appeal.

¶8We have heard Sri Udaya Holla, learned Senior appearing for the petitioners, Sri Ashok Haranahalli, learned Senior Counsel appearing for respondent Nos.3 to 7, Sri.Vikram Huilgol, learned Senior Counsel appearing for respondent Nos.9 to 24 and Sri.B.Ravindranath, learned Government Advocate for the State.

¶9Sri.Udaya Holla, learned Senior Counsel submits that, though there were seven legal heirs, only one of the legal heirs was arrayed as a party before the Land Tribunal. It is further submitted that the respondent, in the written statement filed in the original suit, had admitted that the predecessor-in-interest of the respondents was the tenant. According to the learned Senior Counsel, this

material aspect had not been properly considered by the learned Land Tribunal.

¶10We have carefully perused the order passed by the learned Land Tribunal. It is evident that the Tribunal has not recorded any finding on the basis of any alleged concession by the other legal heirs that the predecessor-in-interest of the respondents was a tenant. Apart from the same, the original records produced by the learned Government Advocate disclose that the impugned order of the Land Tribunal bears only the signature of the Tahsildar and none of the other members of the Land Tribunal have affixed their signatures to the said order. In our considered view, the order of the Land Tribunal, even on this ground, cannot be sustained in law.

¶11It is true that the writ petition came to be filed after considerable delay. However, where an order is shown to have been obtained by playing fraud on the statute and the order itself is found to be illegal, mere

delay cannot come in the way of setting aside such an illegal and fraudulent order. An order which is vitiated by fraud cannot be permitted to stand merely on the ground of lapse of time.

¶12In that view of the matter, we find no merit in the present appeal. Accordingly, we pass the following; ORDER

(i) The appeal is dismissed.

(ii) The Land Tribunal is directed to reconsider the matter afresh, after affording an opportunity of hearing to all the appellants and respondents and to dispose of the proceedings, in accordance with law, as expeditiously as possible and, in any event, within a period of six months from the date of receipt of a copy of this order.

Sd/- (D K SINGH) JUDGE

Sd/- (H.SHANTHI BHUSHAN) JUDGE KNM/List No.: 1 Sl No.: 8