CHANDRASHEKHAR BHATT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing on behalf of respondents No.1 and 2. The respondents No.3 to 5 though served have remained absent.

(2.) The petitioner herein has approached this Court with a prayer to quash the order dtd. 8/1/2013 passed by the second respondent-Land Tribunal vide order Annexure-A.

(3.) It is the case of the petitioner that he is the absolute owner of the land bearing Sy.No.216/2 measuring 05 acre 01 gunta situated in Chandaur Village, Sedam Taluk and one Bhimappa S/o Sayanna had filed an application in Form No.7 under the provisions of Karnataka Land Reforms Act of 1961 claiming occupancy rights of the aforesaid land and the Tribunal initially vide its order dtd. 21/8/1983 had allowed the said Form No.7 which was challenged by the petitioner before this Court in Writ Petition No.5104/1982 and this Court had allowed the writ petition on 25/11/1983 and remanded the matter to the Tribunal for fresh disposal. Thereafterwards, the Tribunal had rejected the Form No.7 on 3/10/1987 and the said order was questioned by the claimant in Writ Petition No.30778/1993 which was allowed by this Court on 11/1/2001 and the matter was remitted to the Tribunal for fresh enquiry. Subsequently, the Tribunal vide the order impugned dtd. 8/1/2013 has once again granted occupancy rights of the land in question in favour of the claimant and being aggrieved by the same, the petitioner is before this Court.