MUDUKAYYA Vs. HEAD QUARTER ASSISTANT

JUDGEMENT

(1.) This petition is directed against the impugned order dated 21 .03.2007 passed by the 1st respondent/ Assistant Commissioner rejecting Form No.7- A filed by the petitioners under Section 77-A of the Karnataka Land Reforms Act, 1961 (for short, 'the Act of 1961') whereby the said application was rejected by the Assistant Commissioner and subsequently confirmed by the Karnataka Appellate Tribunal, Bengaluru ( for short, 'the Tribunal') vide order dated 31.01.2014 passed in Appeal No.884/2007 filed by the petitioners.

(2.) Heard learned counsel for the petitioners and learned counsel for the respondents. Perused the material on record.

(3.) The material on record indicates that the subject property is land bearing R. S.No.215/1 measuring 2 acres 25 guntas and R.S.No.13/2 measuring 16 guntas, both situated at Hammigi village, Mundaragi taluk, Gadag district. On 01.12.1998, the petitioner herein filed an application in Form No.7-A under Section 77-A of the Act of 1961 inter alia contending that he was the tenant under respondent Nos. 2 to 4 and their predecessor prior to 01.03.1974 and that he continued to be in possession even as on date of filing of Form No.7-A. By order dated 21.03 .2007, the Assistant Commissioner came to the conclusion that there was no material produced by the petitioner to establish that the subject lands were tenanted lands and that the petitioner was a tenant prior to 01.03.1979 and that he continued in respect of the subject lands even as on the date of filing Form No. 7-A. Aggrieved by the said order passed by the Assistant Commissioner, the petitioner preferred an appeal in Appeal No.884/2007 , which was rejected by the Tribunal confirming the order passed by the Assistant Commissioner. Aggrieved by the impugned orders, petitioner is before this Court by way of present petition.