GOPALAPPA Vs. GURUSHANKARIAH

JUDGEMENT

(1.) The appeal is directed against the order dt. 6-7-1981 of the learned single Judge in WP No. 11326/79. -Grant of permission to convert to non-

(2.) In the said writ petition the first respondent herein had challenged the order dt. May 17, 1979 of the Land Tribunal Doddaballapur by which the occupancy right was granted in respect of a land in favour of the appellant. Admittedly the first respondent is the owner of the land.

(3.) Seeking a writ of certiorari to quash that order of the Tribunal, the contention of the first respondent before the learned single Judge was that the land in question, not being a "land" as defined in the Karnataka Land Reforms Act, 1961 ('the Act'), did not vest in the State Government under S. 44 of the Act. The learned single Judge, after hearing the counsel and examining the material on record, came to the conclusion that the land was a non agricultural one as on March 1, 1974, the date on which, under S. 44, all tenanted lands vested statutorily in the State Government. Placing reliance on a previous decision of this Court in Narasimiha Shetty v. State of Karnataka (1). the learned Judge was of the view that that no occupancy rights could have been claimed by the appellant under S. 45 read with S. 48A of the Act, and the Tribunal also had no jurisdiction to deal with the claim.