MAHABALA SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner filed an application for grant of occupancy rights in Form No. 7, to an extent of 12 items of land. By the order dated 30.11.1977, the land Tribunal granted occupancy rights for the said lands. On 30.11.1998, the petitioner filed an application under Form No. 7A for grant of occupancy rights of two additional items of land which according to him were left out by oversight at the time of filing Form No. 7. By the order dated 01.03.2006, the Land Tribunal allowed the application and granted occupancy rights for the said two lands. The land owners being aggrieved by this order, filed an appeal before the Karnataka Appellate Tribunal. The Tribunal by its order dated 19.09.2008 allowed the appeal. Questioning the same, the petitioner-tenant filed the instant writ petition.

(2.) The learned Single Judge by the impugned order dismissed the writ petition on the ground that an application in Form No. 7A is not maintainable, since the tenant had earlier filed an application in Form No. 7. Aggrieved by the same, the petitioner has filed the present appeal.

(3.) The learned counsel for the appellant contends that the order passed by the learned Single Judge and the Tribunal are erroneous and liable to be set-aside. That the Tribunal has rightly granted occupancy rights in the application filed under Form No. 7A. Therefore, the writ appeal requires to be allowed by confirming the order of the Land Tribunal.