SHANKARAPPA RUDRAPPA BADIGER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed by the petitioner under Article 226 of the Constitution of India with a prayer to quash the order dated 10.06.2003 bearing No.LRM: SR:71:7 passed by the Land Tribunal, vide Annexure-J.

(2.) The brief facts of the case are that the petitioner was a tenant in actual possession and cultivation of the land bearing survey No.41/1, measuring 34 guntas, Survey No.41/3 measuring 3 acres 16 guntas and Survey No.41/4 measuring 3 acres 30 guntas of Badamagatti village, Hangal Taluk, Haveri District (hereinafter referred to as "lands in dispute" for short) as on the date of Karnataka Land Reforms Act (Amendment Act 1 of 1974) coming into force.

(3.) It is the case of the petitioner that originally his grandfather was the tenant of the lands in dispute. His grandfather had asked one Channappa Tatteppa Bajantri to cultivate the lands in dispute for a short period and therefore, the name of said Channappa Tatteppa Bajantri was entered in column No.12 of the Revenue records of the lands in dispute. Subsequently, Channappa Tatteppa Bajantri surrendered the lands in dispute and the petitioner personally started cultivation of the lands in dispute and as on 01.03.1974, when the Amendment Act 1 of 1974 came into force, the petitioner was in possession and cultivation of the land in dispute. The said Channappa Tatteppa Bajantri who had surrendered the lands in dispute had therefore not filed Form No.7 claiming tenancy right of the lands in dispute, whereas the petitioner who was in actual possession and cultivation of the lands in dispute as on 01.03.1974 had filed Form No.7. The Tribunal by its order dated 31.10.1981 had rejected the Form No.7 filed by the petitioner and being aggrieved by the same, the petitioner had filed W.P.No.29582/1981 before this Court and this Court by its order dated 31.05.1984 had allowed the said writ petition and remitted the matter to the Land Tribunal for fresh disposal in accordance with law after affording opportunities to both the parties.