VIJAYA ATTAVAR Vs. LAKSHMI, THE LAND TRIBUNAL BY ITS CHAIRMAN AND STATE OF KARNATAKA BY ITS REVENUE SECRETARY, DEPT. OF REVENUE

JUDGEMENT

(1.) IN this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has called in question, the order dated 5.10.2012, passed by the Land Tribunal, Mangalore Taluk, vide Annexure -'A'. By the impugned order at Annexure -'A', the Land Tribunal, Mangalore Taluk, has granted occupancy rights in favour of the first respondent in respect of Sy. Nos. 15/2, 15/6, 15/11, 15/25, 15/26, 15/30, 15/34, 15/40, 15/41, 15/46, 15/7, 191/3a, 228/4a, 254/3 and 255/2 measuring 0.31 cents, 0.42 cents, 0.33 cents, 0.42 cents, 0.29 cents, 0.40 cents, 0.28 cents, 0.18 cents, 0.79 cents, 0.25 cents, 0.22 cents, 0.95 cents, 1 acre 24 cents, 1 acre 45 cents and 1 acre 12 guntas respectively.

(2.) AGGRIEVED by that, the petitioner has filed this writ petition.

(3.) IT is stated, on 14.8.1974, the husband of the first respondent filed Form No. 7 claiming occupancy rights in respect of the lands in question. The Tribunal, by its order dated 31.12.1981, rejected the application of the first respondent's husband. It was challenged in W.P. No. 15459/1982. The matter was remitted for fresh consideration. Thereafter, the Land Tribunal granted occupancy rights in favour of the first respondent's husband by order dated 25.3.1988. It was challenged in W.P. No. 22400/1998. The matter was remitted for fresh consideration. After remand, the order dated 14.10.2003 was passed granting occupancy in favour of the 1st respondent by majority views. The Chairman of the Tribunal held that the husband of the first respondent was not the tenant. But, the other members held that the husband of the 1st respondent was the tenant. It was challenged in W.P. No. 53118/2003. The matter was remitted for fresh consideration. Now, the Chairman has held that the applicant has failed to show that the land was cultivated him as tenant The other members have held that the land was cultivated by the first respondent's husband as tenant. Consequently, the impugned order has been passed granting occupancy rights in favour of the first respondent in respect of the lands in question i.e., Sy. Nos. 15/2, 15/6, 15/11, 15/25, 15/26, 15/30, 15/34, 15/40, 1 -5/41, 15/46, 15/7, 191/3a, 228/4a, 254/3 and 255/2 measuring 0.31 cents, 0.42 cents, 0.33 cents, 0.42 cents, 0.29 cents, 0.40 cents, 0.28 cents, 0.18 cents, 0.79 cents, 0.25 cents, 0.22 cents, 0.95 cents, 1 acre 24 cents, 1 acre 45 cents and 1 acre 12 guntas respectively. Therefore, this writ petition.