OBALAPPA Vs. LAND TRIBUNAL

JUDGEMENT

(1.) The petitioners are before this Court calling in question the order of the Land Tribunal, dtd. 21/5/1997.

(2.) Heard the learned counsel Shri V.M. Sheelavant appearing for the petitioners and the learned HCGP Shri V.S. Kalasurmath appearing for the respondent Nos.1 & 2.

(3.) Facts in brief, germane are as follows: The petitioners claim to be applicants before the Land Tribunal, Ballari, they are father and son. The relief that was sought was grant of occupancy rights in respect of the land bearing Sy. No.91/A, measuring 5.66 acres. The petitioners claim was that the petitioners were cultivating the land and had submitted an application in Form No.1 seeking occupancy rights, on the score that he is cultivating the land since ten years prior to the appointed date. The Land Tribunal on perusal of the claim of the petitioners notices that there were five applications for the same land and upon this fact clubbed all these applications and together conducted an enquiry. Notices were issued to few and were not issued to a few and few of the claimants were present before the Land Tribunal and a few remained absent. In those circumstances, the claim of the petitioners comes to be rejected, against which the petitioners then approached the Land Reforms Appellate Authority, which allows the appeal in terms of its order dtd. 9/1/1990 in R.A. Nos.717 & 718 of 1986 and the occupancy right was granted in favour of the petitioners as prayed for in Form No.1 and consequently this resulted in rejection of the claim of the rival claimants concerning the land that was now granted to the petitioners.