HANUMANTHAIAH Vs. LAND TRIBUNAL BANGALORE NORTH TALUK

JUDGEMENT

(1.) THIS appeal is directed against the order dated 16-9-1998 passed in w. P. No. 14513 of 1992, wherein the learned Single Judge has allowed the writ petition and set aside the order dated 5-4-1988 passed by the land Tribunal, Bangalore North Taluk, Bangalore, in L. R. F. No. 1027/74-75, granting occupancy rights in respect of 23 guntas of land in favour of Hanumanthaiah, whose legal representatives were impleaded as respondents 2 (a) to 2 (c) in the writ petition.

(2.) THE brief necessary facts as stated are, that certain service inam lands in Sy. No. 19/1, measuring 3 acres 1 gunta, Sy. No. 34, measuring 29 guntas and Sy. No. 19/4, measuring 1 acre 5 guntas and Sy. No. 19/3, measuring 1 acre 26 guntas of T. Dasarahaili Village, Yeshwanthapura hobli, Bangalore North Taluk, were attached to the Shanbhog office of t. Dasarahaili Village. The said lands were auctioned by the Tahsildar under panchasala gutta and the rents were collected, which were deposited in the treasury for the benefit of the holder of the office. The term of the lease period of the lands expired on 19-6-1962, and thereafter also the appellant continued to be in possession of the said lands. After coming into force of the Land Reforms Act, 1961 (for short, 'the Act'), as amended in 1974, with effect from 1-3-1974, Hanumanthaiah, appellants' father, and two other tenants Rangathmmaiah and Rangaiah filed declarations in Form 7 seeking grant of occupancy rights. The occupancy rights were granted to all the 8 applicants on 15-3-1979. Aggrieved by that order respondents 2 and 3 filed petitions in W. P. Nos. 1915 to 1918 of 1980, which were allowed on 22-2-1984 remanding the matter for disposal according to law. Thereafter, the Land Tribunal on 5-4-1988 conferred occupancy rights in favour of all the 3 applicants; and the occupancy rights granted in favour of Hanumanthaiah was to the extent of 23 guntas of land in Sy. No. 19/4. Appeals were filed by respondents 2 and 3 before the Land Reforms Appellate Authority. On abolition of the said Authority respondents 2 and 3 filed civil petition before the High Court and they were converted into Writ Petition No. 14513 of 1992. The claims of other two respondents were settled out of Court.

(3.) ON consideration, the learned Single Judge allowed the writ petition quashing the order dated 5-4-1988. A review petition in C. P. No. 162 of 1999, wherein the learned Single Judge by his order dated 10-3-1999 directed that the impugned order shall not be given effect for a period of four weeks in order to enable the petitioners to prosecute the correct remedy. Hence the present writ appeal.