CHENNAPPA GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioners and the learned Counsels for the contesting respondents.

(2.) BEING aggrieved by the order dated 5-6-1987 passed by the Land tribunal, Sullia Taluk, insofar as rejection of the claim of the petitioners in respect of 77 cents in the land bearing Sy. No. 179 (179/p1) is concerned, the petitioners have approached this Court in the present writ petition.

(3.) THE brief facts necessary for consideration are as follows. After coming into force the Karnataka Land Reforms Act as amended by Act 1 of 1974 the petitioners filed their application dated 26th August, 1974 in form 7 claiming occupancy rights in respect of the following lands. (i) Sy. No. 179 - 60 cents; (ii) Sy. No. 186/1b - 1 acre 13 cents; (iii) Sy. No. 356/2 - 14 cents. It is to be noted here itself that Sy. No. 179 totally measured 3 acres 47 cents. On earlier occasion by the order dated 20th October, 1981 the tribunal granted occupancy rights to the petitioners in respect of Sy. No. 179/p2 measuring 1 acre 17 cents and Sy. No. 186/1bb measuring 1 acre 32 cents. Aggrieved by the same, the petitioners approached this court in W. P. No. 11237 of 1982 claiming that even though by an amendment application dated 24-7-1980 they had claimed some more area in Sy. No. 179 the same was not considered by the Tribunal and as such necessary requirement of guidelines or direction be issued to the tribunal to consider their claim in respect of remaining area (which is now the land in dispute ).