PALAKSHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra court appeal under Sec. 4 of the Karnataka High Court Act, 1961 has been filed against the order dtd. 8/6/2022 passed by the learned Single Judge, by which writ petition preferred by respondent No.3 has been allowed.

(2.) Facts giving rise to filing of this appeal briefly stated are that land bearing Sy.No.83/2B, and Sy.No.83/3 (hereinafter referred to as 'schedule lands' for short) situate at Harosagara village, Basavapatna Hobli, Channagiri Taluk, Davanagere District, was recorded in the name of respondent No.3 as tenant. However, his name was deleted from the revenue records. The respondent No.3 thereupon filed an application for rectification of the pahani entry. The respondent No.3 thereafter filed an application in Form No.7 on 8/2/1975 in respect of schedule lands. The Land Tribunal by an order dtd. 23/7/1979 granted occupancy rights in favour of the appellant.

(3.) The aforesaid order was challenged in a writ petition viz., W.P.No.4143/1979 by respondent No.2 which was remitted by a bench of this Court to the Land Tribunal. The Land Tribunal thereafter by an order dtd. 30/11/1981 rejected the claim of respondent No.3. The respondent No.3 filed a writ petition viz., W.P.No.31990/1981, which was remanded by an order dtd. 4/2/1982. The land tribunal after the remand by an order dtd. 21/1/1986 granted occupancy rights in favour of respondent No.3.