DYAVAPPA GOUDA HANUMAPPA GOUDAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner has impugned the Land Tribunal's order, dated 29.6.2002 ( -Annex -are -A) rejecting the petitioner's Form No.7 for the giant of occupancy rights in respect of 14 acres 4 guntas at Sy.No.68/ 1A of Alur Village.

(2.) SRI Jagadish Patil, the learned counsel for the petitioner submits that the Tribunal has proceeded on the presumption that the lands are already converted. He submits that there is no conversion order. Without prejudice to this submission, he contends that the land has continued to be an agricultural land even after 1925, in which year the said lands are stated to have been converted. He submits that the mutation entry at Annexure -B shows that the petitioner's grandfather was a protected tenant in respect of 14 acres 4 guntas of the land at Sy.No.68/1 A. The said mutation is effected on 9.5.1948. If the lands were to be converted into the non -agricultural lands in 1925, such mutation would not have been made at all, so contends the learned counsel. He submits that the land is shown as vested in the Government, as per mutation entry No. 1218 (Annexure -C).

(3.) SRI V.R.Datar, the learned counsel appearing for the respondent No.3 submits that, as the lands have lost their agricultural character way back in 1925, they are not vested in the Government. The question of granting the occupancy rights in respect of the lands, which are not vested in the Government, would not arise at all.