OIRIYAPPAGOWDA MALLANGOWDA Vs. LAND TRIBUNAL

JUDGEMENT

(1.) The appellant has challenged in this appeal presented under S 4 of the Karnataka High Court Act, 1961, the order of the learned Single Judge, made on the 17th of September, 1981, in WP No. 12616 of 1981. There is also a prayer for confirming the order dated the 30th of June 1981.

(2.) The appellant was an applicant for grant of occupancy rights for which purpose he had made an application under S. 48-A of the Karnataka Land Reforms Act, 1961 before the Land Tribunal, Byadgi. The Tribunal by its order dated the 28th of May, 1981, rejected the application of the appellant for grant of occupancy rights. The Tribunal has recorded a finding that the appellant was not a tenant, but was only cultivating the land in his capacity as a mortgagee There is no other direction. After rejecting the application of the appellant, the Tribunal has not issued any further directions.

(3.) The order of the Tribunal rejecting the appellant's application is challenged in WP No. 12616 of 1981. Whep the writ petition came up before the learned Single Judge on 30th June, 1981, rule was issued and ad interim order staying the operation of the impugned order of the Tribunal dated the 28th of May, 1981 was granted. When the third respondent, the owner of the land moved for vacation of the said ex parte interim order, the learned Single Judge, after hearing both the parties, made an order on 17-9 1981 vacating the ad interim order of stay granted on the 30th of June, 1981.