KANTEPPA Vs. LAND TRIBUNAL BIDAR

JUDGEMENT

(1.) IN this petition, the petitioners herein had challenged the order dated 21-1-1976 in case No. Lrm/66/75-76-11071-75 passed by the respondent land tribunal. In passing the said Order, the land tribunal in consideration of the claim of the original respondent 2-adavappa had granted occupancy right to him.

(2.) THE learned counsel for the petitioners Sri raikote had taken me through the petition averments, the grounds urged in the writ petition and also the impugned order. His argument was that land tribunal had granted the occupancy right to one of the l. rs as the legal successor of the protected tenant in consideration of the form No. 7 filed by the original respondent 2 in his own name.

(3.) WHILE taking me through the impugned Order, produced by the petitioners, copy as at Annexure-A to writ petition, Sri raikote pointed out that the grant was made to the original respondent 2 as a legal heir of the protected tenant. He further submitted that the petitioners 1 and 2 herein are the brothers of the original respondent 2 and as such, the grant made in the name of one of the l. rs i. e. , respondent 2 has to be corrected. He therefore prayed that the impugned order passed by the land tribunal be quashed and the matter be remitted to it for fresh consideration of the claim and to examine the claim made by the original respondent 2 by treating the same as the one made for and on his behalf and also on behalf of the petitioners 1 and 2 herein. He further prayed that the instant writ petition be allowed.