M MANJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant is the Petitioner in W.P. No. 37875/1993 being aggrieved by the order dated 14-6-2007 passed by the learned Single Judge dismissing the writ petition filed by the Petitioner confirming the order dated 31-7-1993 passed by the Land Tribunal filed this appeal.

(2.) The Appellant has contended that he is a tenant in respect of the land bearing Sy. No. 10 measuring 3 acres 27 guntas of land situated at Arhatolalu village, Bhadravathi Taluk from the year 1969. The said land was taken on lease from one Kalamma who is the grand mother of Respondents 13 and 14 herein as per Guthige Kararu Pathra dated 6-10-1969 since then he has been in possession and cultivating the said land. In view of coming into force the Land Reforms Act, he filed an application in Form No. 7 for grant of occupancy rights in respect of the aforesaid land. Further, Respondents 3, 4, 5 also filed Form No. 7 for grant of occupancy rights in respect of the aforesaid land. The Land Tribunal after clubbing all the applications filed in respect of Sy. No. 10 of Arhatolalu village, by its order dated 13-10-1981 granted 1 acre of land in favour of 3rd Respondent and I acre of land in favour of the Petitioner and 1 acre 27 guntas of land in favour of 5th Respondent and rejected the claim of the 4th Respondent. The Petitioner being aggrieved by the order dated 31-10-1981 passed by the Land Tribunal filed W.P. No. 1571/1982 before this Court challenging the same on various grounds. This Court by its order dated 11-6-1985 allowed the writ petition and set aside the order passed by the Land Tribunal and remanded the matter to the Land Tribunal for fresh enquiry and also directed the Tribunal to issue notice to all the interested parties.

(3.) The Land Tribunal after issuing notice to all the parties and after holding necessary enquiry by its order dated 31-7-1993 granted occupancy rights in favour of the 5th Respondent (i e. Respondent No. 12 herein) and rejected the claim of the Petitioner and Respondents 3 and 4. The Land Tribunal after recording the statement of the applicants and their witnesses came to the conclusion that the Petitioner is residing at Hutha colony, Bhadravathi Taluk which is about 24 kms away from the Arhatolalu village. It was further observed that the Petitioner was doing the business of arrack vending and no document has been produced to show that he was cultivating the land from the year 1969. The other applicants have also not produced any documents to show that they were the tenants of the said lands.