Y.K. RAMANJINI Vs. THE AUTHORIZED OFFICER AND ASST. COMMISSIONER, CHIKKABALLAPURA SUB-DIVISION, CHIKKABALLAPURA, CAMP AT SIDLAGHATTA, PIN-562101 AND OTHERS

JUDGEMENT

(1.) BOTH the petitioner and respondent no. 2 made an application in form no. 7A under Section 77A of the Karnataka Land Reforms Act seeking grant of the land. The competent authority having regard to the material on record granted the application of the petitioner rejected that of the second respondent. Incidentally, it is to be noticed that respondent no. 3 Venkateshappa was shown as landlord but however it is brought to my notice that Venkateshappa had died way back on 03.05.1973. The order passed by the competent authority was questioned by the second respondent before the Tribunal on various grounds. The Tribunal has allowed the appeal and set aside the order passed by the competent authority holding that the petitioner was not cultivating the land as a tenant. The Tribunal has recorded a finding that the land does not vest with the Government. Aggrieved by the said order, the petitioner is before this Court.

(2.) MR . Chouta, learned Counsel appearing for the petitioner vehemently submits that the stand of the second respondent in various proceedings is not consistent inasmuch as in the suit filed by him, he claims to be a owner but makes an application in form no. 7A. He further submits the order passed by the Tribunal is liable to be interfered, since it has stated and appreciated the facts incorrectly.

(3.) LEARNED Counsel for the respondents 4 and 5 who got themselves imp leaded in the present proceedings since the respondent no. 3 was dead by the time an application form no. 7A was filed submits that the entire proceedings had culminated in the order of the Tribunal without bringing the legal heirs on record. Hence, the entire proceedings stands vitiated.