A LAXMINARAYANA ACHARYA Vs. LAND TRIBUNAL UDUPI

JUDGEMENT

(1.) A portion of the order dated 4-12-78, a true copy of which is at Ext-F, rejecting the claim of the petitioner Laxminarayana Acharya for being registered as an occupant in respect of two items of lands comprised in Sy. Nos. 17712 measuring 4 acres 7 cents and 14112 measuring 3 acres 93 cents situate in Anjar Village of Udupi Taluk in Dakshina Kannada Dt. is under challenge in this writ petition which is one filed under Art. 226 of the Constitution of India.

(2.) The matter arises in this way: - The petitioner had applied to the 1st respondunt Land Tribunal, Udupi, in Form-7 claiming occupancy in respect of four items of lands comprised in Sy. Nos. 8|1 measuring 1 acre 21 cents, 8/4 measuring 33 cents, 177/2 measuring 4 acres 7 cents 141/2 measuring 3 acres 93 cents, all situate in Anjar Village of Udupi Taluk in Dakshina Kannada Dt. as required under Sec. 48A(1) of the Karnataka Land Reforms Act, 1961 (for short 'the Act') . His case was that formerly his father was the tenant in respect of the lands in question and after him he became the tenant thereof under the 3rd respondent Sri Laxminarayana Devaru Anjar Mutt. Respondents 4 to 6 contested the claim of the petitioner in respect of the two items of land comprised in S. Nos. 177/2 and 141/2. It is their case that respondents 4 and 6 are, the owners of S. No. 177/2 and respondent-5 is the owner of S. No. 141/2. Their further case is that those lands did not belong to the 3rd respondent and they were not leased out at any time either to the petitioner or his predecessors,

(3.) The tribunal after holding an enquiry allowed the claim of the petitioner in rospect of two items of land comprised in S. Nos. 8|1 and 8|4 and rejected his claim in respect of the two tems of land comprised in S. Nos, 177/2 and 141/2 as per its order Ex-F. The petitioner, being aggrieved by the said order, has filed this writ petition.