SAYYED MOHD RAFI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant being aggrieved by the order of dismissal passed in W.P.No.11313/2003 has fi led this writ appeal .

(2.) Form-7 f iled by the appellant for grant of occupancy rights having been rejected by the Land Tribunal , Savanur on 3.2.2003, on the ground that the lease was created through a commissioner of Court of Wards and as such, it would not amount to creating any tenancy in view of S.108 of the Karnataka Land Reforms Act, 1961, W.P.No.11313/2003 was f iled. Learned Single Judge, finding that the appel lant's name appears in the revenue records from 1965 to 1968 and that there is no record to show that he was cultivating the land prior to the commencement of proceedings before the Civi l Court under the Court of Wards Act, having noticed the provision under S.108 of the Act and also the ratio of the decision in the case of Hoovappa Mahadev Manse vs. Land Tribunal, 1987 ILR(Kar) 2797, having found no ground to interfere with the impugned order of the Land Tribunal , dismissed the writ petition.

(3.) Mr. Naveen Chatrad, learned advocate for the petitioner, contended that in view of the endorsement issued by the Tahasildar, stating that the documents pertaining to the year 1938 to 1992 was burnt on 29.04.2000, the appellant being not able to produce the revenue records and respondent No.4 having not produced the record to show that the appellant was inducted as a tenant by the Court of Wards, erred in dismissing the writ petition. He submitted that the appellant has been cultivating the lands in dispute prior to commencement of the proceedings in the Court of Wards and therefore, S.108(a) of the Act is appl icable. He further submitted that the impugned order passed by the Land Tribunal and the learned Single Judge being contrary to the record of the writ petition, interference is warranted.