In the High Court of Karnataka Dharwad Bench Dated This the 13Th Day of February, 2014 Before the Hon'ble Mr. Justice B. Sreen

1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 13 T H DAY OF FEBRUARY, 2014 BEFORE THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA WRIT PETITION NO.35812/2002 (LR) BETWEEN: 1. SHRI UMESH S/O. RAMACHANDRA KULKARNI 2. SHRI BHIMAJI S/O. GURUNATH KULKARNI 3. SHRI SHIVAJI S/O. GURUNATH KULKARNI, ALL ARE MAJOR, R/O. H.NO.45/1, CHIDAMBAR NAGAR, BELGAUM. PETITIONERS NO.1 & 2 ARE R/BY THEIR P.A. HOLDER PETITIONER NO.3. ... PETITIONERS (BY SRI. R G HEGDE, ADV.) AND 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, M S BUILDING, BANGALORE. 2. THE LAND TRIBUNAL BELGAUM, BY ITS CHAIRMAN. 2 3. SHRI DUNDAPPA BASAVANNI CHACHADI DECEASED, BY HIS L.RS. 3(A) MRS. BANGAREVVA W/O. DUNDAPPA CHACHADI 3(B) MR. RUDRAPPA S/O. DUNDAPPA CHACHADI 3(C) MR. KALMESH S/O. DUNDAPPA CHACHADI 3(D) MR. RAMESH S/O. DUNDAPPA CHACHADI 3(E) SMT. BASAVVA D/O. DUNDAPPA CHACHADI 3(F) MISS. GIRIJA D/O. DUNDAPPA CHACHADI RESPONDENT NO.3(A) TO (F) ARE ALL MAJOR, R/O. BASAPUR VILLAGE, TALUK: BELGAUM ... RESPONDENTS (BY SRI VINAYAK S. KULKARNI, HCGP, FOR R.1 & R.2, SRI CHANDRAKANT GOULAY, ADVOCATE, FOR R.3(A) TO R.3(F) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER VIDE ANNEXURE-J BEARING NO.HOOLIKATTI/SR/15A, BELGAUM, DATED 22.4.2002, PASSED BY THE 2 N D RESPONDENT BY ISSUING A WRIT OF CERTIORARI, ETC.,. THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The owners of the lands have preferred this writ petition seeking a writ of certiorari to quash the order Annexure-J dated 22.4.2002 granting 3 occupancy rights in favour of the respondent No.3 in respect of the entire extent of 9 acres of land in three different survey numbers i.e., Sy.No.25/1+2+3A/1, Sy.No.25/1+2+3A/2 and Sy.No.25/1+2+3A/3. 2. The 2 nd respondent Land Tribunal, Belgaum, by the impugned order Annexure-J has granted occupancy rights in favour of respondent No.3 in respect of nine acres of land comprising of three different survey numbers. 3. During the pendency of the writ petition the matter was referred to the High Court Mediation Center, Dharwad, as requested by the parties to the petition to explore the possibility of amicable settlement. Before the Mediation Center the parties have entered into a memorandum of agreement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007. Thereafter the Mediation 4 Center forwarded the matter to this Court for recording the settlement and disposing of the writ petition in terms of the agreement. 4. Accordingly the said memorandum of agreement is taken on record. In addition to the memorandum of agreement entered into between the parties before the Mediator, the respondents 3(a) to 3(f) have filed affidavits stating that out of 9 acres of land they were cultivating only 5 acres 15 guntas of land along with the deceased respondent No.3 as tenants and they were not cultivating the remaining 3 acres 25 guntas as tenants and it was cultivated by the petitioners personally. Therefore they have agreed for confirming the occupancy rights granted by the Land Tribunal in respect of 5 acres 15 guntas and set aside the order of the Land Tribunal for remaining 3 acres 25 guntas. 5 5. The affidavit of respondent No.3(d) is filed on his behalf and also on behalf of respondents 3(a) to 3(c), 3(e) and 3(f) and it is taken on record. 6. Similarly, the petitioner No.1 has filed affidavit on his behalf and also on behalf of other petitioners, declaring that the deceased 3 rd respondent and respondents 3(a) to 3(f) have been cultivating 5 acres 15 guntas of land as tenants under the petitioners and the remaining 3 acres 25 guntas of land was cultivated by the petitioners personally, as such the petitioners have no objection in confirming the occupancy rights in respect of the said 5 acres 15 guntas and set aside the same for remaining 3 acres 25 guntas. The affidavit of the 1 st petitioner is also taken on record. 7. It is in this background the parties have entered into a memorandum of agreement before 6 the High Court Mediation Center, Dharwad. Their affidavits are taken on record. 8. The terms of memorandum of agreement and contents of affidavits of parties are read over to the parties, who are present before the Court in the language known to them. The petitioners and the respondents 3(a) and 3(c) to 3(f) are present before the Court. The learned counsel for petitioners submits, Respondent No.3(b) is not present before the Court on account of ill health. But he appeared before the Mediation Center and signed the agreement and respondents 3(a) and 3(c) to 3(f) have stated that respondent No.3(b) has no objection for disposing of the matter in terms of the memorandum of agreement. His submission is placed on record. 9. Even 5 acres 15 guntas of land cultivated by the respondent No.3 and his L.Rs as tenants and 3 acres 25 guntas personally 7 cultivated by the petitioners/landlords is bifurcated and a sketch drawn to that effect and produced along with the memorandum of agreement is also taken on record. 10. Learned HCGP appearing for the State after perusing the revenue entries and considering the affidavit filed by the L.Rs of respondent No.3 stating that they were cultivating only 5 acres 15 guntas as tenants and the remaining 3 acres 25 guntas was personally cultivated by the petitioners/owners, submits, he cannot have any objection for recording the compromise entered into between the parties and disposing of the matter accordingly. 11. Accordingly the writ petition is disposed off. 12. The order of the Land Tribunal, Belgaum, dated 22.4.2002, in 8 No.Hoolikatti/SR/15A, Belgaum, vide Annexure-J is modified. Occupancy rights granted by the Land Tribunal, Belgaum, is confirmed in respect of 5 acres 15 guntas of land granted in favour of the respondent No.3 and it is set aside insofar as remaining 3 acres 25 guntas is concerned, as per the memorandum of agreement entered between the parties before the Medication Center, Dharwad and as per the affidavits filed by the parties. 13. The petitioners hereby declare that they have no objection for the Tahasildar, Belgaum, to issue Form No.10 – certificate of registration, in favour of respondents 3(a) to 3(f), and for effecting mutation entry in the name of the respondents 3(a) to 3(f) in respect of 5 acres 15 guntas of land in the aforesaid three survey numbers, as per the memorandum of agreement entered between the parties before the Mediation Center, Dharwad and in terms of the order of this Court. 9 14. Similarly, respondents 3(a) to 3(f) have no objection for the Tahasildar for modifying the entry standing in the name of petitioners in the record of rights and continue their names only in respect of 3 acres 25 guntas. SD/- JUDGE Mrk/-.

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