PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner and respondent No.4 claiming to be the rival tenants filed Form No.7 for grant of occupancy right in respect of Sy.Nos.115, 116, 122 and 123 of Thigadi village, Gokak Taluk and Sy.No.193/2 and 18/A-1 of Sunadolli and Laxmeshwar village. The Land Tribunal initially granted occupancy right in respect of respondent No.4 and the same was challenged before this Court in WP No.8959/2000. The said writ petition came to be allowed and the matter was remitted to the Land Tribunal for reconsideration of claims of petitioner and respondent No.4 for grant of occupancy right. However, the said applications are pending consideration even to this day.

(2.) During the pendency of this writ petition, petitioner and respondent No.4 filed a compromise petition to amicably settle the matter. Accordingly, as per the terms of compromise petition, petitioner is entitled for grant of occupancy in respect of Sy.No.115/10 measuring 3 acres 15 guntas, 116/10 measuring 6 acres 03 guntas, 122/10 measuring 4 acres 22 guntas and 123/10 measuring 8 acres 15 guntas all are situated in Thigadi Village, Gokak Taluk. The respondent No.4 is entitled for grant of occupancy right in respect of the following extents of land situated at Thigadi village, Gokak Taluk:

(3.) Learned counsel for petitioner and respondent No.4 would submit that the compromise petition is filed before the Land Tribunal on 2/1/2019 but the same is not considered even to this day. Hence, they submit that compromise petition may be accepted and occupancy rights in terms of compromise petition.