M.S. SUBBAIAH SINCE DECEASED BY HIS LRS SRI. M.S. SRIKANTAIAH Vs. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BANGALORE - 1 AND OTHERS

JUDGEMENT

(1.) THE subject matter of this writ petition is Sy.Nos.90, 12 and 13/2. The original applicant one Muniyappa makes an application in Form No.7 for grant of occupancy rights. Initially, the occupancy rights was granted, which was the subject matter of a writ petition before this Court. This Court allowed the writ petition in part and remitted the matter to the Land Tribunal for fresh consideration in respect of the above mentioned lands. On remand the Tribunal has granted occupancy rights once again in favour of the original applicant who is represented by his legal heir now.

(2.) I have heard the learned counsel appearing for the petitioner as well as the contesting respondents.

(3.) THE Tribunal has recorded a finding that the name of the original applicant appears in the revenue records for the relevant year 1973 -74 and a presumption is raised under Section 133 of the Karnataka Land Revenue Act.