M VIJAYAKUMARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) 3Rd respondent filed Form No.7 dated 21.6.1976 before the 2nd respondent/Land Tribunal, Tumkur under S.48 A(1) of the Karnataka Land Reforms Act ("the Act" for short) to register him as an occupant under S.45 in respect of 4 acres 10 guntas of land in Sy.No.16 of Yallapura village, Kasaba Hobli, Tumkur Taluk. The application was allowed in part, granting occupancy rights in respect of 1 acre 17 guntas by an order dated 29.1.1982. When the said order was questioned by the applicant Chikkaramaiah in W.P.19584/1982, the said writ petition was allowed, impugned order was quashed and the case was remanded to the Land Tribunal for fresh enquiry. The 2nd respondent/Land Tribunal, by an order dated 6.5.1987 rejected Form No.7 filed by Chikkaramaiah which was questioned by way of an appeal before the District Land Reforms Appellate Authority, Tumkur in LRA No.19/1987. The Appellate Authority having been abolished, C.P.No.3555/1991 filed was allowed and the petition was converted and registered as W.P.No.6566/1993. Said writ petition was allowed by an order dated 7.5.1999 and the impugned order was quashed and the Tribunal was directed to dispose of the claim of the applicant in the light of the observations made.

(2.) The landlord Mallanna died on 30.9.2001. On 7.2.2006, the death of landlord was brought to the notice of the Tribunal. To enable the applicant to file an application to bring the L.Rs., on record, case was adjourned to 11.2.2004. On 11.2.2004, notice on the proposed L.R. having not been served, directing service of fresh notice, case was adjourned to 25.2.2004. On 7.2.2006, the matter having not been taken up on account of the Chairman being engaged otherwise, case was adjourned to 21.3.2006. The order sheet of the case does not indicate the case having been taken up on the adjourned date, but having been taken up on 16.6.2006 and the respondent being absent, the case was adjourned for spot inspection. Spot inspection having been made on 8.6.2008, an order allowing the application filed in Form No.7 was passed on 8.9.2008 vide Annexure-W. Assailing the said order, petitioner daughter of the deceased landlord Mallanna has filed this writ petition.

(3.) Heard the learned counsel on both sides and perused the writ petition record.