HANUMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The respondent No.4 to this petition has filed the instant application seeking modification/vacation of the interim order dated 15.02.2019 passed by this Court. Through the order dated 15.02.2019 this Court had directed the parties to maintain status-quo as it existed on that date.

(2.) The facts in brief limited to the consideration of this application would indicate that the respondent No.3 herein was originally the owner of the property bearing Survey Nos. 91 and 92, Chikkagubbi Village. The respondent No.4 herein had purchased the same under a registered Sale Deed dated 26.04.1978. The petitioner herein claiming to be an agricultural tenant in respect of the said property as also certain other properties and further claiming to be in possession and cultivation of the same as on 01.03.1974; which is the appointed date under the Karnataka Land Reforms Act, 1961 had filed an application in Form No. 7 claiming occupancy rights in respect of the property. The Land Tribunal, Bengaluru, South Taluk considered the same in case bearing No. LRF(B)CJ; 126674-75.

(3.) At the first instance, the Land Tribunal through its order dated 26.12.1981 allowed the application and granted the occupancy right in favour of the petitioner herein. The respondent No.4 herein claiming to be aggrieved by the said order as he was not made a party to the proceedings before the Land Tribunal, assailed the order of the Land Tribunal by filing a writ petition before the High Court of Karnataka at Bengaluru in Writ Petition No.30301/1982. The High Court through its order dated 23.09.1997 quashed the order passed the Land Tribunal and remanded the matter for fresh consideration after providing opportunity to the respondent No.4. Subsequent thereto evidence was tendered by the parties and the Land Tribunal having considered the matter; through a detailed order dated 16.09.1998 rejected the application dated 31.12.1974 filed by the petitioner.