MARUTI PONDU GAVADA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Aggrieved by the order dtd. 3/3/2018 bearing No.KLR/ O.C.P.S.R/35+41/K passed by the Land Tribunal, Khanapur, vide Annexure-K to the writ petition, the instant writ petition is filed by the legal heirs of one of the claimants therein.

(2.) The case of the petitioners is that, their forefather Maruti Pondu Gavada @ Patil alone had filed Form No.7 to an extent of 7 acres 6 guntas of land in survey No.121, 01 acre 09 guntas of land in survey No.106 and 15 acres 30 guntas of land in survey No.83 of Kasaba-Nandagad village and the forefather of respondents No.6 and 7 had filed Form No.7 for the balance 03 acres 06 guntas of land in survey No.121. According to the petitioners, after the demise of their forefather Maruti Pondu Patil, the Land Tribunal ought to have granted occupancy rights in respect of the lands for which Maruti Pondu Patil had filed Form No.7 only in respect of his children, but instead, the Land Tribunal while accepting that Maruti Pondu Patil was a tenant in cultivation of the properties, has granted occupancy rights equally in favour of not only the children of Maruti Pondu Patil, but also to the children of three other brothers of Maruti Pondu Patil. This according to the petitioners is erroneous and hence have filed the instant writ petition.

(3.) It is noticed from the impugned order that the Tribunal has granted occupancy rights for 02 acres 23 guntas of land in survey No.121 in favour of forefather of respondents No.6 and 7. The petitioners in the course of arguments submits they have no objection for the same. That apart, it is noticed that the Tribunal has granted occupancy rights over the rest of the land equally to the legal heirs of Maruti Pondu Patil and his three other brothers. The petitioners are aggrieved by the same.