MALLAPPA MUDAKAPPA Vs. BASAVANNEPPA VEERAPPA

JUDGEMENT

(1.) THE present Writ Petition which arises from C. P. No. 2828 of 1991 filed by the petitioner for considering the Miscellaneous Appeal No. * Writ Petition No. 15474/1993 (KLRA) dated 19th March, 2002 33 of 1989 on the file of the then District Land Reforms Appellate authority, Dharwar. In L. R. R. A. 12 of 1987 and to consider the same as Writ Petition, under Section 17 of the Karnataka Land Reforms amendment Act No. 18/1990.

(2.) AT the outset, learned Counsel for the contesting respondent has raised the question of maintainablility of the Civil Petition and the Writ Petition. Since the matter is being disposed of on question of laws regarding maintainability, it is not necessary to mention in detail the facts of the case as to the claim of the petitioner.

(3.) SUFFICE it to say that the petitioner herein had filed application in Form No. 7 claiming occupancy rights in respect of 3 lands and the Land Tribunal by the order dated 6. 11. 1986 allowed the application and declared the petitioner as the occupant and granted him occupancy rights. Aggrieved by the same, the land owner/ respondent ?1 herein preferred an appeal under Section 118 of the land Reform Act before the Land Reforms Appellate Authority constituted under Act No. 19/1986. The Appellate Authority registered the appeal in L. R. A. A. No. 12 of 1987. The Appellate Authority by the order dated 1. 6. 1989 allowed the appeal thereby rejecting the claim of the petitioner. Aggrieved by the same the petitioner appears to have filed a miscellaneous application before the Appellate authority to recall the order dated 1. 6. 1989 and to consider the case afresh. In the meanwhile, the Appellate Authority itself was abolished by Act No. 18/1990. Under Section 17 of the Act No. 18/1990, as it was provided for transfer of the cases from the Appellate Authority to this Court, the petitioner filed Civil Petition No. 2828 of 1991 which later came to converted into Writ Petition No. 15474 of 1993 praying for calling for the records relating to Misc. Appeal No. 33 of 1989 on the file of the District Land Reforms Appellate Authority in L. R. A. A. 12 of 1987 and to consider the same as Writ Petition under the provisions of the Act. It is this action of the petitioner which is challenged as not maintainable by the respondent.