JOGHADE VEERASHAPPA S/O VEERABADREPPA AND OTHERS Vs. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU, THE CHAIRMAN LAND TRIBUNAL. TQ: SIRUGUPPA DIST: BELLARY, TAHASILDAR SIRUGUPPA TALUK BELLARY DIST

JUDGEMENT

(1.) PETITIONERS who claim to be the residents of K. Belegal village, Siraguppa Taluk, Bellary District are seeking for issue of writ of certiorari by quashing the order dated 18 -01 -2011 - Annexure -A passed by the Land Tribunal, Siraguppa, whereunder land measuring 13.79 acres situated in Sy. No. 267 of K. Belagal Village, Siraguppa Taluk is ordered to be given to the earlier pattadar i.e., 4th respondent herein and are also seeking for a direction that Survey Number reflected in the earlier order of the Tribunal dated 14 -08 -1986 -Annexure B as 267 instead of 276 be corrected. We have heard the arguments of Smt. S.R. Anuradha, learned counsel appearing for the Petitioner, Sri R Devadas, learned AGA appearing for Respondents -1 to 3 and Sri T.N. Raghupathy, learned counsel appearing for Respondent No. 4.

(2.) IT is contended by learned counsel for the Petitioner that Petitioners hail from backward section of the society and apart from being economically backward and they are all landless agricultural labourers residing at K Belgal Village and they are entitled for grant of free land from the Government as per the provisions of Karnataka Land Reforms Act, 1961 (hereinafter referred to an 'Act'). It is also contended that there are several such agricultural labourers in their village who are similarly placed like petitioners. It is contended that land bearing Sy. No. 267 of their village was subject matter of tenancy adjudication before the Land Tribunal - second respondent, since Sri Sannaramappa had filed an application for grant of occupancy rights in respect of said land and Tribunal by its order dated 06 -04 -1979 rejected the application by holding that he was a created tenant and while mentioning the Survey Number, there was a typographical error and it was typed as 276 instead of 267. Said order was questioned by 4th respondent in W.P. 13687/1981 which came to be set aside and the matter was remanded to the Land Tribunal for fresh enquiry by order dated 21 -11 -1984 and on such remand, Tribunal rejected the application for grant of occupancy rights and held that lands stood vested with the State Government by order dated 14 -08 -1986.

(3.) IT is the contention of Smt. Anuradha, learned counsel appearing for the petitioner that land Tribunal has no authority of law to give the land in question to the Pattadar when it has stood vested with the Government under the Karnataka Land Reforms Act particularly when it has held in its earlier order that land vested with the State Government and as such, the earlier order cannot be ignored or land can be given back to the Pattadar. She would further elaborate her submission by contending this Court while disposing of the writ petition 16552/1990 on 17 -04 -1995 (Annexure -D) had only directed the Tahsildar to enquire into the error in Survey number and take action in accordance with law and it was only this exercise which Tribunal ought to have undertaken and it did not have the power to grant the land to fourth respondent. She would also contend that Tribunal having given a finding that Sy. No. entered in the order dated 23 -05 -1990 is erroneous it ought to have revived earlier order and it did not have the power to frustrate the order dated 23 -5 -1990 and if impugned order is allowed to stand, then the very purpose of the Karnataka Land Reforms Act, 1961 which ensures equal distribution of land to the landless persons gets defeated. As such, she prays for quashing of the impugned order.