GOPAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) ONE Vittal Rukka Kemarpant filed Form 7 before the Land Tribunal for grant of occupancy rights in Sy. No. 119 of Kadasalli Village, Yellapur Taluk. The Land Tribunal by its order dated 20-12-1978 granted occupancy rights. The 3rd respondent filed Appeal No. 269 of 1986 against the said order. While the Revenue Member of the Appellate authority concurred with the order of the Land Tribunal, the Judicial member took a different view.

(2.) IN view of the conflicting views among the members of the Appellate Authority, the matter was referred under Section 116-B of the Karnataka Land Reforms Act to the opinion of the local Civil Judge. The civil Judge by his order dated 7-1-1988 in C. Misc. No. 97 of 1987 concurred with the view of the Judicial Member. Based on the majority decision, the Appellate Authority by its order dated 23-1-1988 allowed the appeal and set aside the order of the Land Tribunal. By that time the original applicant had expired. The proceedings had been continued holding that the applicant has no legal representatives.

(3.) THE present petitioner, claiming to be Class II heir, being the sister's son of the original applicant, filed Appeal No. DAAA. A. P. 3/88 questioning the correctness of the order dated 23-1-1988 passed by the appellate Authority setting aside the order of the Land Tribunal. By order dated 7-11-1988 the Appellate Authority dismissed the same as not maintainable. The petitioner has filed this revision petition seeking to set aside the two orders passed by the Appellate Authority.