GANESH SHAMJI JOSHI Vs. LAND TRIBUNAL HUKERI

JUDGEMENT

(1.) RAVI Malimath, J: The lands in question are Sy.No.357, measuring 13 acres 1 gunta and Sy.No.358, measuring 1 acre 18 guntas, situated at Yalimunoli village, Hukkeri Taluka, Belgaum District. One Basappa Laxman Girigouda Patil @ Girigoudanavar filed an application in Form No.7 on 21.8.1974, claiming occupancy rights for both the survey numbers. One Ramappa Laxman Girigouda Patil filed Form No.7 on 5.12.1978, claiming occupancy rights with respect to Sy.No.357 to an extent of 5 acres 27 guntas. Babu Basappa Girigouda Patil, the son of Basappa Laxman Girigouda Patil also filed Form No.1 on 20.1.1981, seeking occupancy rights with respect to Sy.No.357 to an extent of 13 acres 1 gunta. Ganesh Shamji Joshi filed Form No. 1 on 31.12.1979, claiming occupancy rights with respect to Sy.No.357, measuring 5 acres 27 guntas. That R.S.No.357 is said to be a 'Devasthan Inam Land '. However R.S.No.358 claimed to be the land of Ganesh Shamji Joshi. That Sri Ganesh Shamji Joshi was rendering religious services to the Deity in Shri Ramalingeshwar Devasthan. He used to perform daily 'Abhishek ' to the said Deity. In view of the services being rendered, the petition land namely R.S.No.357 was given to his family in the year 1830 with a condition that the land should not be alienated at any time by him or by his family. That he is in possession of the said land all along. That the land bearing R.S.No.357 is under his ownership and possession. Therefore he is entitled for grant of occupancy rights he being vahivatdar of the said title. The other persons also filed Form No. 1 as narrated hereinabove. All the applications were considered together. By the order dated 24.3.1977, occupancy rights were granted to Basappa and Rarnappa jointly, since the claim of Babu being the son of Basappa, was for the same extent. Aggrieved by the same, Ganesh Shamji Joshi field W.P.No.8966/1977, wherein the writ petition was allowed. The order impugned therein was set aside and the matter was remanded to the Tribunal for fresh enquiry. On remand, the Tribunal, by its order date 15.3.1989 rejected the Form No.7 of Ramappa. It granted occupancy right to an extent of 10 acres in R.S.No.357 and to an extent of 1 acre 18 gunta in Sy.No.358 to Babu Basappa, since by then Basappa, his father has died. The remaining extent of land i.e., to an extent of 3 acres 1 gunta Sy.No.357 was rejected by the Land Tribunal on the ground that the land is uncultivable, since the land has not been cultivated. Aggrieved by the said order, Ganesh Shamji Joshi filed R.A.Nos.17 and 18 of 1989 questioning the grant of occupancy rights. The L.Rs of Ramappa filed R.A.No. 17/1990. On the abolition of the Land Reforms Appellate Authority, the same were transferred as Civil Petition Nos.6846 and 6847 of 1991 so far as Ganesh Sh -amji Joshi is concerned, and Civil Petition No. 1988/1991 so far as the L.Rs of Ramappa is concerned. Thereafter the petitions were renumbered. Civil Petitions of Ganesh Shamji Joshi were renumbered as W.P.Nos.40069/1993 and 4690/2001. The Civil Petition of the L.Rs of Ramappa was renumbered as W.P.No.29211/2001. Since all the petitions arise out of the same impugned order, at request, they are taken up together for disposal.

(2.) SRI Ravi Balikai, learned Counsel appears for the petitioners in W.P.No.40069/1993 and W.P.No.4690/2001 and for respondents 3(d)(1), 3(dJ(2) and 5 in W.T.No.29211./2001. He contends that the impugned order is bad in law and liable to be set aside. That the Tribunal committed and error in granting occupancy rights to Basappa. That the material an evidence on record has been misunderstood. That there is no application of mind.

(3.) SRI B.S.Kamate, learned Counsel appearing for respondent No.3 in W.P.No.40069/1993 and respondent No.3 in W.P.No.4690/2001, supports this impugned order.