VISHNA REDDY Vs. LAND TRIBUNAL HAVERI

JUDGEMENT

(1.) this petition has come up for orders on i.a .1. I.a. I is filed under order 23, rule 3, cpc stating that the petitioner and respondent 2 have arrived at compromise on the terms mentioned in the i.a. i. The said compromise petition is signed by the petitioner and respondent 2 and their respective teamed counsel. On the last occassion, I directed Sri pradeep rai, learned government pleader to take notice for respondents 1 and 3 and to make his submission on instructions.

(2.) the petitioner filed form no. 7 for grant of occupancy rights in respect of r.s.no. 7/1 + 4 measuring 4 acres 30 guntas of belavigi village in haveri taluka, dharwar district. On earlier occassion, occupancy rights were granted in favour of the petitioner by the land tribunal. But the same came to be challenged before this court in W.P. no. 1513 of 1977. This court set aside the order of the land tribunal and remanded the case back to the iribuna' after remand, the land tribunal has rejected the claim of the petitioner by the impugned order dated 30-5-1984. Aggrieved by the same the petitioner has filed the present writ petition.

(3.) i.a.i. is filed staling that respondent 2 the land lord has no objection to grantoccupancy rights over the land in question to the petitioner. In order to satisfy as to whether the land is tenanted land, til is court asked the learned counsel for the parties as to whether the petitioner's name found in the record of rights for the period namely on 1-3-1974. The learned counsel stale that petitioner's name finds place in the record of rights from 1971 and onwards and that on earlier occassion, occupancy rights were granted in favour of the petitioner.