LAWS(KAR)-2003-1-13

BHIMAPPA BHAGAPPA BHARMANNAVAR Vs. STATE OF KARNATAKA

Decided On January 23, 2003
BHIMAPPA BHAGAPPA BHARMANNAVAR Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 13-9-1976 passed by the 2nd respondent in No. KLR/sdt/src/sr-8/76-77.

(2.) THE case of the petitioner is that he is the tenant of the land bearing Block No. 588, measuring 3 acres 31 guntas situated at Teggihal village, Soundatti Taluk, Belgaum District. The petitioner has further stated that he is tenant under his father and since 1965, he is personally cultivating the land in question and his name has been entered in the revenue records. When the matter was pending consideration before the civil Court, in view of the amendment to the Land Reforms Act, the land in question was vested in the Government. The Civil Court has referred the matter to the Land Tribunal to give a finding as to whether the petitioner proves that he is the tenant of the suit land. The Land tribunal held that the petitioner is not the tenant of the land in question on the ground that the petitioner himself has admitted that he never cultivated the suit land as tenant. Assailing the said order passed by the Land Tribunal in the year 1976, the petitioner has presented this writ petition.

(3.) HEARD the learned Counsel for the petitioner at considerable length of time. Perused the entire material available on the file and gone through the impugned order carefully.