CHANNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are challenging order dtd. 9/8/2010 passed by the Land Tribunal, Dharwad (Annexure-A) to the writ petition, confirming Occupancy Right in favour of the fourth respondent herein.

(2.) It is the case of the petitioners that petitioners' father was cultivating the agricultural land bearing block No.87/1 measuring 8.36 acres situate at Shinganahalli village, Dharwad Taluk as a tenant and after the death of their father, petitioners are continuing to cultivate the land in question. It is further stated that father of the petitioners and the respondent No.4 filed Form No.7 before the respondent No.2-Land Tribunal and the Land Tribunal, by order dtd. 3/7/1976 allowed the application made by the father of the petitioner and rejected the application made by the respondent No.4. Being aggrieved by the same, the respondent No.4 has filed writ petition and this Court, on the earlier occasion, remanded the matter to the Land Tribunal for fresh consideration. After remand, the Land Tribunal, by order dtd. 5/9/1988, rejected the application made by the petitioners father and allowed the application made by the respondent No.4. Being aggrieved by the same, the petitioners have filed LRA No.407 of 1988 before the District Land Reforms Appellate Authority, Dharwad and same was renumbered before this Court as Writ Petition No.27767 of 1992. This Court, by order dtd. 8/10/1999 (Annexure-J) set aside the order dtd. 5/9/1988 passed by the Land Tribunal and as such, directed the Land Tribunal to hold de nova enquiry in the matter considering the rival claims made by the petitioners and the respondent No.4. Pursuant to same, by impugned order dtd. 9/8/2010, the Chairman of the Land Tribunal allowed the application made by the petitioners, however, majority Members of the Tribunal rejected the application made by the petitioners. Being aggrieved by the same, present writ petition is filed.

(3.) Heard Sri Jagdish Patil, learned counsel appearing for the petitioners; Sri Vinayak S. Kulkarni, learned Additional Government Advocate appearing for respondent-State; and Sri V.G. Bhat, learned counsel appearing for respondent No.4.