GIRIYAPPA, S/O. MUNITHIMMAIAH Vs. THE STATE OF KARNATAKA, REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560001 REP. BY ITS CHIEF SECRETARY AND OTHERS

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners and also the learned High Court Government Pleader. In this writ petition under Articles 226 and 227 of the Constitution of India, the petitioners have called in question, the order dated 05.08.2005, passed by the Land Tribunal, Bangalore North Taluk, Bangalore, in LRF No.92/1978 -79 vide Annexure -V.

(2.) BY impugned order, the Land Tribunal has rejected the application filed by the second respondent claiming occupancy rights in respect of Sy.No.3/1 of Tirumenahalli Village.

(3.) THE learned counsel for the petitioners contended that the second respondent had filed application on behalf of the family and therefore, the impugned order cannot, be sustained in law. He also submitted that there are tombs in the land and without holding any enquiry the impugned order has been passed and therefore, impugned order cannot be sustained in law.