VANAMALA Vs. THE DEPUTY COMMISSIONER, BIJAPUR AND ORS.

JUDGEMENT

(1.) ACCORDING to the petitioner, land bearing Sy. No. 4/2, measuring 14 acres 18 guntas, situated at Hanchali Village, Sindgi Taluk, Bijapur District was subject matter of an application in Form No. 7 under Section 48A of the Land Reforms Act, 1961 filed by one Vasudev Ramachandra Kulkarni, claiming occupancy rights, whence the Land Tribunal, by order dated 05.10.1981, though, rejected the application, nevertheless, directed the State to distribute the land to landless persons, as it was not cultivable land. It appears that the Assistant Commissioner, by order dated 28.06.1982, distributed the land in favour of respondents 6 to 10. The mother of the petitioner 13 said to have filed W.P. No. 34249/1982 calling in question the order of the Land Tribunal, which was transferred to the Land Reforms Appellate Authority, Bijapur in No. LRA (TR) 60/86. Consequent upon the abolition of the Appellate Authority, the appeal was converted into W.P. No. 25474/1993 in an order passed in CP No. 6864/1999. This Court, on 16.02.2005, allowed the writ petition, quashed the order of the Land Tribunal and remitted the proceeding for consideration afresh. On 09.07.2007, the Land Tribunal, on remand, held an enquiry, rejected Form No. 7 and cancelled the order for distribution of sites. The allottees of the sites filed W.P. No. 9885/2007, whence the learned Single Judge of this Court, dismissed the petition on 30.09.2008. The Tahsildar issued notices to respondents 6 to 10 on 29.09.2009 informing them of the cancellation of the allotment and to redeliver possession of the land to State which was followed by another letter dated 03.12.2011 addressed to the Revenue Inspector to hand over possession of the said land to the petitioner by taking police protection. It is stated that the Revenue Inspector issued notices dated 27.12.2011 to respondents 6 to 10 to hand over possession of the land to the petitioner on 10.01.2012.

(2.) IN the meanwhile, respondents 6 to 10 are said to have filed W.A. No. 10225/2010 which was dismissed on 18.01.2012. There afterwards, petitioner made an application dated 30.04.2012 to the 1st respondent to hand over possession of the said property. The Deputy Commissioner addressed a letter dated 04.08.2012 to the 3rd respondent stating that the petitioner may take possession of the said property by taking police protection. Hence, this petition.