VASUDEVA KINI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra court appeal has been filed against the order dtd. 14/12/2011 passed by the learned Single Judge by which writ petition preferred by the appellants has been dismissed.

(2.) Facts leading to filing of this appeal briefly stated are that the father of the appellants claimed to be a tenant in respect of certain lands bearing Sy.Nos.59/6 and 59/14 situated at Naravi Village, Belthangady Taluk, Dakshina Kannada District, measuring 0.07 acres and 0.33 acres respectively. He therefore, filed an application seeking occupancy rights. The land tribunal granted the occupancy rights. The order passed by the land tribunal was subject matter of challenge in writ petition viz., W.P.No.15314/89 which was filed by mother of respondents No.3 to 8. The aforesaid writ petition was allowed and the matter was remitted to the tribunal for fresh enquiry.

(3.) The tribunal by an order dtd. 23/7/1986 granted occupancy rights. The aforesaid order passed by the tribunal was challenged in W.P.No.2006/1993, which was allowed only in respect of land bearing Sy.No.59/6, Sy.No.59/14P1 and Sy.No.59/14P2 measuring 40 cents, in all and the matter was remitted for fresh enquiry. The tribunal by an order dtd. 15/2/2010 rejected the claim for tenancy inter alia on the ground that the lands are not agricultural lands.