LOKAYYA POOJARY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Both these writ petitions are disposed of by this common order.

(2.) Though facts may be slightly different nevertheless, the Appellate Tribunal has disposed of the appeals on the ground of the land not vesting under Section 44 of the Land Reforms Act.

(3.) Few facts are necessary to appreciate the controversy in question. The facts relatable to W.P. No. 28203/2004 are as follows: The petitioners claim that they are the brothers and sons of one Parameshwar Poojary, who died on 02.07.1996. The said Parameshwar Poojary was the tenant of the lands in question since long and the Record of Rights would reflect the same. It is no doubt, true that the said Parameshwar Poojary did not make an application in Form No. 7 for grant of occupancy rights. But nevertheless, after the introduction of Section 77A of the Karnataka Land Reforms Act, the petitioners made an application in Form 7A for grant of occupancy rights.