NIJALINGAPPA Vs. SIDDAPPA MALLAPPA GADIGEPPAGOL

JUDGEMENT

(1.) THE learned government pleader is directed to take notice for the state. By consent, the petitions are taken up for final disposal, heard and disposed of by this order.

(2.) THESE writ petitions are directed against the order of the assistant commissioner, bijapur sub-division, bijapur dismissing the applications filed by the petitioner herein in form 7-a under the amended Provisions of the Karnataka Land Reforms Act (art 23 of 1998), in exercise of the delegated powers.

(3.) A few facts necessary for the disposal of these writ petitions are as under: the writ petitioner has alleged that survey No. 517 measuring 2 acres 32 guntas and survey No. 518 measuring 2 acres 38 guntas including phut kharab of 2 guntas situated within the village limits of chimmalgi, basavana bagewadi taluk in bijapur district belong to respondents 1 to 4. Both are tenanted lands. The petitioner was in actual possession and cultivation of these lands as tenant on lavani basis. He continued to be in possession of these lands as tenant as on the appointed date i. e. , 1-3-1974. The petitioner could not file form 7 claiming occupancy rights in respect of these lands due to ignorance and poverty and therefore as per the amended Provisions of the land reforms (Amendment) Act, 1997, he made separate applications seeking registration in respect of these lands within the time prescribed, before the deputy commissioner, bijapur. Without holding an enquiry, the 5th respondent passed an order dismissing his applications vide Annexure-C.