LEELA Vs. RAMA AMMA

JUDGEMENT

(1.) The petitioner has filed the present writ petition for a writ of certiorari to quash the order dated 08.10.2007 made in Appeal No. 486/2003 on the file of Karnataka Appellate Tribunal, Bengaluru (for short 'the KAT') (Heard at Mangaluru Camp).

(2.) It is the case of the petitioner that originally the father-in-law of the petitioner namely Manku Moolya was in possession and cultivation of the land owned by the 1st respondent's husband as a 'tenant' since very long time. After the demise of said Manku Moolya, his son, the husband of the petitioner, applied for grant of occupancy rights in respect of the lands in Survey Nos. 53/2P2, 57/2 and 60/1 measuring 32 cents, 26 cents and 1 acre 45 cents respectively in Form No. 7A under Section 77A of the Karnataka Land Reforms Act, 1961. The Assistant Commissioner who is the competent authority under Section 77A of the Karnataka Land Reforms Act, 1961, conducted spot inspection and enquiry. In view of the report submitted by the revenue authorities, the Assistant Commissioner granted occupancy rights in favour of the petitioner's husband vide order dated 26.02.2003 in the proceedings No. TNC/18/99-00, aggrieved by the said order, the 1st respondent filed an appeal before the KAT in Appeal No. 486/2003. The KAT considering all the materials on record, by the impugned order dated 08.10.2007 allowed the appeal and set aside the order passed by the Assistant Commissioner. Hence, the present writ petition is filed.

(3.) I have heard the learned counsel for both the parties to the lis.