H.T. ESHWARAPPA S/O THIMMA NIAK Vs. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE VIDHANASOUDHA BANGALORE - 560 001 AND OTHERS

JUDGEMENT

(1.) THE land in question is Sy.No.27 measuring 4 acres 9 guntas of Thammadikoppa Village, Hosanagara Taluk, Shimoga District. The said land originally belonged to one Siddappagowda, the father of respondents 3 and 4. During his lifetime, Siddappagowda was in possession and enjoyment of the said land. There was a partition in the family on 24.4.1972 and the petitioner's property was divided amongst the legal representatives of the Siddappagowda. Three out of four brothers got 24 guntas each. But however one of the brothers got 1 acre 18 guntas. The petitioner purchased the entire extent of Sy.No.27 pursuant to four -registered sale deeds dated 26.4.1983. One Ganapa. Naik was the original applicant and he makes an application for grant of occupancy rights.

(2.) SUFFICE it to note that the said application was rejected as against which Ganapa Naik filed a writ petition before this Court in W.P.No.2092/81. The said writ petition was allowed on 11.6.1984 and the matter was remitted to the Land Tribunal for fresh disposal in accordance with law. On remand after holding fresh enquiry, the Tribunal has granted occupancy rights. The said order was questioned by respondent No.3 before this Court. This Court dismissed the writ petition for non -compliance, as against which an application was also moved for recalling the said order. But however, the said application was also rejected, as against which respondent No.3 was before a Division Bench by way of a writ appeal. The said appeal was dismissed on the ground that having regard to the sale of the year 1983 the respondent No.3 has no subsisting interest. Hence, declined to entertain the appeal. This order was passed on 9.9.2008 and after a lapse of 2 years the purchaser has filed this writ petition.

(3.) APPARENTLY in the first instance the petitioner has purchased the property when the matter was pending adjudication before the Land Tribunal.