VENKATALAKSHMAMMA Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) On Preliminary Hearing The petitioner, in this writ petition, has sought for quashing of Annexures A and C.

(2.) Annexure-A is a letter dated 11-12-1980 addressed to the Sub-Inspector of Police to give protection to the tenant for the reasons mentioned therein. Annexure-C is an endorsement issued by the Sub-Inspector of Police informing the petitioner not to cause any interference with the peaceful possession and enjoyment of the property by the tenant.

(3.) By this writ petition, the petitioner intends to achieve what he could not secure or incapable of obtaining it by means of interlocutory application in WP No. 9289 of 1980. The matter arises in this form. The petitioner is the owner of S. Nos. 445/1 and 446/2 of Malalur village, Chickmagalur Taluk. On the application filed by the third respondent in form No. 7 for conferment of occupancy right, the Tribunal after holding an enquiry, recorded a finding that he was a tenant in occupation of these survey numbers as on 1 3-1974. Accordingly, it conferred occupancy right. It appears in WP No. 9289 of 1980 wherein the order of the Tribunal is challenged, the ex parfe interim order of stay obtained by the petitioner stood vacated at the instance of the tenant. The resultant position being that there is no interim order in one form or the other in favour of the petitioner. Under S. 45 of the Land Reforms Act the occupancy right is conferred in favour of a permanent tenant, protected or any other tenant, who was found to be in possession of the property before the date of vesting and has been cultivating it personally.