KARAYANASWAMY M Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is the owner of the lands which are the subject matter of the proceedings in case No. LRF (B) NP 4/1163/74-75 pending before the 2nd respondent, Land Tribunal, has filed this writ petition for issue of a writ of mandamus directing the 1st respondent to pass orders on the recommendation of the Deputy Commissioner and on the application of the petitioner for exemption from the application of the provisions of the Karnataka Land Reforms Act, 1961 (to be hereinafter called the 'Act') with regard to the Stud Farm called 'Clive Stud Farm' under S. 107(v) of the Act and also to quash the entire proceedings in case No. LRE(B) NP 4/1163/74-75 before the 2nd respondent Land Tribunal and further has sought for a direction to the 2nd respondent not to proceed with the enquiry in respect of the aforesaid proceedings.

(2.) The facts of the case are : That the lands bearing Sy. Nos. 48, 49, 50, 51, 62, 63, 66 (Part), 67, 68, 69, 70 and 71 of Nimbakayepura village in Hoskote taluk, Bangalore Dist., formerly belonged to the joint family of the petitioner. Out of these survey numbers, Sy. Nos. 62, 63, 66 (Part), 67, 68, 69, 70 and 71 comprised in an area of about 69 acres were leased to the 3rd respondent and his wife for a period of ten years from 17-4-67 on a monthly rent of Rs. 1,000 for running a 'Stud Farm' under a registered lease deed executed by the petitioner and his late father Sri Muniyappa. Further the petitioner and his father mortgaged with possession under a registered mortgage deed dated 13 94967 Sy. Nos. 48, 49, 50 and 51 of Nimbakayepura village in favour of 3rd respondent and his wife. These two parcels of the land formed the 'Clive Stud Farm'.

(3.) The petitioner filed a suit for redemption in OS No. 71/77 in the Court of the Civil Judge, Bangalore Dist. A settlement was arrived at and in pursuance of the said settlement, the petitioner and the legal heirs of his brother B.M.Ramanna, leased the lands for a period of eight years from 1-4-1977. The power of attorney holder of 3rd respondent A. P. Kothavale, has filed an application in form No. 7 for grant of occupancy rights in respect of these lands on 31-12-1974 on the ground that R 3 is the tenant of the land. The 2nd respondent, Land Tribunal, is now seized of the proceedings pending before it. After service of notice on the petitioner the petitioner appeared before the Land Tribunal on 12-2 1976 and filed his written statement of objections contending among other grounds that the application filed in form No. 7 by the power of attorney is not maintainable in law and that the Land Tribunal had no jurisdiction to entertain the said application and that the power of attorney had no authority to claim occupancy rights. In the meanwhile the petitioner seems to have applied to the State Government through the Deputy Commissioner, to take action under the provisions of S. 107 of the Act, for approval by the Government for the use of these lands as Stud Farm as the same was in existence on 24-1-1971.