BASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The proceedings, appears to have a checkered career. The petitioner claiming to be a tenant in respect of 3 items of land makes an application in Form 7 for grant of occupancy rights. Initially, the Land Tribunal grants occupancy rights. The said order was questioned by the landlords before this Court. This Court allowed the writ petition and remitted the matter to the Land Tribunal for fresh disposal in accordance with law. It is not in dispute that the land in question are inam lands inasmuch as they are Shanbog Service Inam Lands and as on the date when the applications were being prosecuted, the Land Tribunal had jurisdiction to deal with the matter. Parallely, the respondents also made an application for regrant of the land under the Karnataka Village Offices Abolition Act, 1961. The said application was granted by the Competent Authority i.e., the Tahsildar. The petitioner questions the said order by way of an appeal before the learned District Judge. The learned District Judge dismissed the appeal on the ground that it is not maintainable inasmuch as the petitioner was not an applicant before the Competent Authority. Incidentally, it is noticed that two appeals were filed. Aggrieved by the said two appeals, the petitioner filed two separate writ petitions i.e., W.P. No. 18579 of 2006 and W.P. No. 18580 of 2006. The said writ petitions were disposed of by this Court by two separate orders on 14-2-2007 and 19-1-2009.

(2.) Indeed, insofar as the first of the order of the year 2007 in W.P. No. 18579 of 2006 is concerned, this Court has disposed of the said writ petition with the following observations:

(3.) Insofar as W.P. No. 18580 of 2009 disposed of on 19-1-2009 is concerned, this Court declined to entertain the writ petition but however, observed in the following terms.--