NEELAMMA AND ORS Vs. LAND TRIBUNAL

JUDGEMENT

(1.) Though this matter is posted for preliminary hearing, with the consent of the learned counsel appearing for the parties, the matter is taken up for final disposal.

(2.) The appellants, questioning the correctness or otherwise of the order impugned passed by the learned Single Judge, in Writ Petition No.17986/2011 dated 14th February 2012, have presented this writ appeal. In the said writ petition, the appellants herein had questioned the correctness of the order passed by the first respondent/Land Tribunal dated 11th April 2011 in case No.BLRM.111/75-76 in respect of land bearing Sy.No.142 of Mudigere Village, measuring 02 acres 36 guntas and the said writ petition filed by these appellants was rejected. The said writ petition is under challenge in this appeal.

(3.) Brief facts of the case in hand are that, these appellants claim that they are the owners of land in question and in peaceful possession and enjoyment of the land measuring 02 acres 36 guntas in Sy.No.142 of Mudigere village, Tumkur Taluk and District. Be that as it may, the second respondent, claiming to be a tenant, had filed Form No.7 for registration of occupancy rights in respect of the land in question. The said application had come up for consideration before the Land Tribunal, Tumkur, on 29th June 1981 and the Land Tribunal registered the occupancy rights in favour of the second respondent. Being aggrieved by the order passed by the Land Tribunal, the appellants herein filed a Writ Petition in W.P.No.13564/1981. The said writ petition had come up for consideration before the learned Single Judge and the learned Single Judge, after hearing, has allowed the said writ petition and set aside the order passed by the Land Tribunal on the ground that it is not a speaking order and remitted the matter to Land Tribunal for reconsideration afresh. Thereafter, the Land Tribunal took up the matter again for consideration and passed the order on 11th April 2011, granting occupancy rights in favour of second respondent, on the ground that the name of the second respondent is found in the record of rights in column No.12 (2), for the agricultural year 1971-73 in respect of the land in question and they have produced some receipts to the effect that they are giving share in the food grains grown in the land in question and therefore, they are entitled for registration of occupancy rights and accordingly, ordered for registration of occupancy rights in favour of second respondent. Being dissatisfied with the grant of occupancy rights in favour of the second respondent, by the Land Tribunal, by its order dated 11th April 2011, the appellants herein filed another writ petition in W.P.No.17986/2011 (LR) before this Court. The said writ petition had come up for consideration before the learned Single Judge and the learned Single Judge, in turn, rejected the writ petition on the ground that the Land Tribunal, taking into consideration the receipts right from the year 1965 and also the entries found in the record of rights for the years 1971-73 has granted occupancy rights and therefore, there is no error or illegality in the order passed by the Land Tribunal. Being dissatisfied with the order passed by the learned Single Judge as well as the order passed by the first respondent/Land Tribunal, the appellants felt necessitated to present this writ appeal.