NINGAPPA Vs. STATE OF KARNATAKA THROUGH ITS SECRETARY

JUDGEMENT

(1.) THE appellants herein were grantees of certain portions of lands in Sy.No.685, which measures 11 acres 30 guntas situated at Torvi village, Bijapur taluk.

(2.) THE records reveal that Respondent No.2 herein filed declaration under Form No.1 under the provisions of Section-66 of the Karnataka Land Reforms Act declaring that he is holding surplus land. The total holding of Respondent No.2 is 65 acres 4 guntas as on 1.3.1974. He had got wife and two children and mother Smt. Kashibai. Smt. Kashibai expired on 17.11.1977. Copy of the Death Certificate was produced before the Land Tribunal.

(3.) AFTER remand, the Tribunal decided the matter in favour of Respondent No.2 by the order dated 18.5.1992 holding that Respondent No.2 has not held any land in excess of the ceiling limit. The said order was questioned by the State Government by filing Writ Petition No.40914/2008, which came to be dismissed on 16.3.2011. Consequently the Assistant Commissioner has issued notice to the appellants to hand over possession of the property in favour of Respondent No.2. At that point of time, the appellants herein filed Writ Petition No.80093/2012 & W.P. Nos.80155-156/2012 before this Court questioning the order of the Land Tribunal dated 18.5.1992. The said writ petition came to be dismissed by the impugned order dated 17.4.2012 on the ground that Writ Petition No.40914/2008 filed by the State is dismissed and the said order has attained finality.