LAWS(KAR)-1992-1-7

ABBUBAKER BEARY Vs. TAHSILDAR UDUPI

Decided On January 06, 1992
ABBUBAKAR BEARY Appellant
V/S
TAHSILDAR, UDUPI Respondents

JUDGEMENT

(1.) This writ petition is directed against the order dated 27-8-1991 passed by the Assistant Commissioner, Kundapur, in No. LRY. SR.2/1991-92.

(2.) The facts relevant for the disposal of this writ petition briefly stated are asunder: Petitioner Abbubaker Beary claimed occupancy rights under Section 38 of the Karnataka Land Reforms Act (hereinafter referred to as 'the Acl'), in respect of the dwelling house and land appertinent to it in Sy.No.102/2A before the Land Tribunal, Udupi. The Land Tribunal, Udupi, by its order dated 22-7-1985 rejected his application for the reasons reflected there. Being aggrieved by the same, petitioner preferred Writ Petition No.2125/1986 before this Court and the said Writ Petition was transferred to the Land Reforms Appellate Authority. The said Writ Petition which was converted into an appeal before the Land Reforms Appellate Authority was numbered asLRA 791/1988. The Land Tribunal-appellate authority by its order dated 6-4-1989 rejected the appeal. Being aggrieved by the same, petitioner preferred C.R.P. No. 4576/1990 before this Court However, the same was rejected.

(3.) When this was so, respondent-3-Bhoja Hegde, filed as application before the Tahsildar, Udupi, for summarily evicting the petitioner and to hand over the delivery of possession of the dwelling house and the land appartinent to it to him.