NAGAPPA POOJARY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is assailing the validity and correctness of the order passed by the Tribunal, dated 28-12-2002 in LRT No. 616/81 -82.

(2.) THIS is third round litigation coming up before this Court assailing the correctness of the order passed by the Tribunal on the ground that the Tribunal has not conducted enquiry as envisaged under the relevant provisions of the Karnataka Land Reforms Act and Rules. The case of the petitioner is that he is claiming the tenancy rights which was succeeded from his mother in respect of 0. 75 acres in S. No. 131/13b in Ullal Village, Mangalore. The said application was rejected by the Tribunal on 12-9-1981. Against the said order, the petitioner has filed the writ petition before this Court in W. P. No. 5174 of 1995. The writ petition was allowed and the matter was remitted back to the Tribunal for fresh disposal. After remand, the Tribunal has passed the order on 26-5-1999 granting occupancy rights in favour of the petitioner. Assailing the said order, the landlady, 3rd respondent, has filed W. P. No. 3892 of 2000. After considering the case put forth by the parties, this Court has allowed the petition and remitted the matter back to the Tribunal with a direction to consider the matter afresh keeping in view the observations made in the petition. After remand, the Tribunal has issued notice to the parties. Both the parties represented by their Counsels and they have filed written arguments. The Tribunal, after considering the material on record and the documents produced by the respective parties, has passed the impugned order rejecting the claim made by the petitioner holding that the land in question is not a tenanted land nor it is an agricultural land and there is no relationship between the petitioner and 3rd respondent as tenant and owner. Assailing the correctness of the said order, the petitioner has filed this petition.

(3.) HEARD the learned Counsel for the petitioner and the learned Counsel for the respondents at considerable length of time.