VENKATSUBBAIAH, SINCE DEAD BY HIS L.R. SRI.K.S.ASHOK, S/O. LATE T.V. SRINIVAS Vs. STATE OF KARNATAKA. REP. BY SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING. BANGALORE- 560 001, LAND TRIBUNAL, BANGALORE SOUTH TALUK, BANGALORE, REPRESENTED BY IT

JUDGEMENT

(1.) THE land in question is Sy.No.39 measuring 3 acres 20 guntas of Gudimavu, Kengeri Hobli, Bangalore South Taluk. According to the petitioner, it is a Shanbogh Inam land with the petitioner being the Inamdar. The 3rd respondent filed an application in Form No.7 for grant of occupancy rights. Initially, the said application was granted, which was subject matter of a writ petition before this Court. The said writ petition was allowed and the matter was remitted to he Land Tribunal for fresh disposal. The grievance of the petitioner is that no opportunity was given to the petitioner and the statements were also not recorded.

(2.) THE learned counsel appearing for the petitioner referred to the order sheet, which is produced at Annexure 'B' According to him when the matter was listed before the Land Tribunal on 27.07.2010 it was adjourned to 03.08.2010. But however the matter was taken up on 02.03.2011 and a spot inspection was done on the same day and the order was pronounced.

(3.) HAVING regard to the fact that no opportunity was given and there is violation of Rule 17 of the Karnataka Land Reforms Rules, the petitioner is entitled to succeed. Hence, the following order: