LAWS(KAR)-2012-4-207

SRI. VENKATRARUMANAPPA S/O LATE KUMAIAH AGED ABOUT 78 YEARS R/O ANEKAL, ANEKAL TALUK BANGALORE URBAN DISTRICT Vs. LAND TRIBUNAL BY ITS SECRETARY - THE TAHSILDAR AEKAL TALUK, ANEKAL BANGALORE URBAN DISTRICT AND ORS.

Decided On April 18, 2012
Sri. Venkatrarumanappa S/O Late Kumaiah Aged About 78 Years R/O Anekal, Anekal Taluk Bangalore Urban District Appellant
V/S
Land Tribunal By Its Secretary - The Tahsildar Aekal Taluk, Anekal Bangalore Urban District And Ors. Respondents

JUDGEMENT

(1.) PETITIONER in W.P. No. 11361/2012 has sought for quashing the impugned order at Annexure -N dated 07.03.2011 and to grant occupancy rights to the remaining extent of 30 guntas of land in Sy. No. 138 of Anekal. In W.P. No. 3543/2012, the petitioner trust being aggrieved by the order of grant of properties in Sy. No. 138 in favour of the contesting respondents is before this court.

(2.) HEARD the learned counsel for the petitioner and the Government Pleader and the counsel representing the other respondents in both the petitions.

(3.) IT appears the impugned order passed by the Land Tribunal, Anekal needs reconsideration of the contention of the parties. i.e., the trust as well as the petitioner in the former case and also regarding the maintainability of the petition before the Land Tribunal since Form No. 7 could be entertained by the Land Tribunal is the question to be looked into. Earlier this court has passed an order regarding maintainability In W.P. No. 1478/2011. In that view of the matter, both the petitions are allowed. The impugned order is set aside. All the contentions of the parties are kepi open. It is for the Land Tribunal to consider the case of the petitioners only in the background of the contentions raised by them and also the fact that application filed by the petitioner Trust in O.S. No. 215/2010 is still pending consideration shall also be taken into consideration by the Tribunal.