AKKU HENGASU Vs. JALAJA

JUDGEMENT

(1.) THIS appeal is filed by the L.Rs of 2nd respondent in W.R No.8800/99 against the order dated 17-11-2006 wherein the learned single Judge of this Court has allowed the writ petition and quashed the order dated 27-1-1999 passed by the Land Tribunal insofar as reduction of extent of land by 2 cents out of 55 cents in Sy.No.7/3 and confirming the remaining portion of the order.

(2.) THE first respondent herein filed W.R No.8800/99 seeking for quashing of the order dated 27-1-1999 passed by the Land Tribunal, Udupi insofar as the order rejecting the claim of the petitioner in respect of 2 cents of land in Sy.No.7/2, 8 coconut trees in 10 cents in Sy.No.7/6 and another 2 cents in Sy.No.7/3 of Bejmady Village. A direction was also sought to the Land Tribunal to consider the claim in accordance with law. It is the contention of the writ petitioner that she is tenant of the lands and application for grant of occupancy rights was filed before the Land Tribunal. THE tribunal granted occupancy rights and the same was challenged in W.R No. 12253/79, which was party allowed on 21-11-1983. THE order that was impugned therein insofar as it relates to 2 cents in Sy.No.7/2 and 8 coconut trees in Sy.No.7/6 and the pump set, if any, situate thereon was quashed and the matter was remanded to the Land Tribunal for holding fresh enquiry in accordance with law. On remand, an application was filed to include claim for 2 cents in Sy.No.7/2 which was rejected by order dated 6-8-1997. THE Tribunal conducted spot inspection and noticed that 8 coconut trees in Sy.No.7/6 were situated at a distance of 4-5 feet from the premises belong to the land owner. While rejecting the claim over 2 cents in Sy.No.7/2 and 8 coconut tree in Sy.No.7/6, the Tribunal reduced an extent of 2 cents in Sy.No.7/3 for which occupancy rights were granted earlier.

(3.) WE have heard the learned counsel for the appellant and the Government Advocate is directed to take notice for respondents 2 and 3.