SRI MANJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE five appellants assailing the correctness of the order impugned dated 22/11/2006 passed in W.P. 40033/1995, by the learned Single Judge, have presented this appeal.

(2.) THE grievance made out by the appellants herein in the instant appeal is that, they have filed a W.P. 40033/1995 questioning the correctness of the order passed by the 2nd respondent-Land Tribunal, Hirekerur, dated 06/02/1981 and directed the respondents No. 1 to 3 to consider the claim of appellants for grant of occupancy rights on the ground that they have filed Form No. 7 seeking occupancy rights in respect of the land bearing Sy. No. 160/1 measuring 16 guntas, Sy. No. 160/3-4 measuring 3 acres 17 guntas, Sy. No. 162/3-4-5 measuring 2 acres 32 guntas, Sy. No. 162/7 measuring 14 guntas and Sy. No. 160/9 measuring 23 guntas of Madlur village, Hirekerur Taluk, Haveri District.

(3.) THE learned Counsel appearing for appellants at the outset submitted that, he is not disputing the presence of the appellants before the Tribunal signing the order sheet and participating in the proceedings. But however he vehemently submitted that they did not have sufficient opportunity to substantiate their case that they are tenants in respect of the land in question and they are entitled for grant of occupancy rights. This aspect of the matter has not been accepted nor appreciated nor considered. THErefore, the appellants are constrained to redress their grievances by filing the appeal.