PRABHU Vs. LAND TRIBUNAL

JUDGEMENT

(1.) IN this writ petition, the petitioner has assailed the legality and validity of the order dated 27-12-2002 passed by the 1st respondent in File No. REV/lry/6/75-76.

(2.) THE case of the petitioner is that he and the husband of the 2nd respondent viz. , Devappa are the joint tenants of land bearing Survey No. 239 measuring 29 acres 13 guntas situated at Madyal Village, Aland Taluk, Gulbarga District. They are cultivating the said land as tenants since 1955-56 to an extent of half each. The petitioner is cultivating eastern half portion i. e. , 14 acres 26 guntas and the remaining western half portion was being cultivated by late Devappa and after his death, by the 2nd respondent. Be that as it may. Without the knowledge and consent of the petitioner, late Devappa who is the husband of the 2nd respondent, filed Form No. 7 before the 1st respondent for grant of occupancy rights in respect of the land in question. The Land Tribunal, by its order dated 13. 6. 1979, granted only half portion of land in favour of late Devappa. Feeling aggrieved by the said order, late Devappa filed Writ Petition No. 34538/1993 which was allowed and the matter was remitted back to the 1st respondent for fresh enquiry. The further case of the petitioner is that in view of the amendment to the Karnataka Land Reforms Act, he filed an application under Section 7-A before the competent authority for grant of occupancy rights to an extent of 14 acres 26 guntas (eastern portion) of Survey No. 239 and the same is pending consideration. After the remand, the matter was taken up by the 1st respondent and the petitioner filed an application seeking permission to participate in the enquiry of Form No. 7 filed by late Devappa. As the said application was rejected by the Land Tribunal, he filed Writ Petition No. 47232/2002. The said writ petition was dismissed as having become infructuous in view of the final order passed by the 1st respondent. The Land Tribunal, after considering the oral and documentary evidence on record, granted occupancy rights in favour of 2nd respondent to an extent of 14 acres 27 guntas in Survey No. 239, by its order dated 27. 12. 2002. Feeling aggrieved by the said order, the petitioner has presented this writ petition.

(3.) HEARD the learned counsel for the petitioner and the learned counsel for the respondents at considerable length of time and perused the impugned order carefully.