LAWS(KAR)-2023-6-1304

MARIMADAIAH Vs. SECRETARY, REVENUE DEPARTMENT

Decided On June 28, 2023
Marimadaiah Appellant
V/S
SECRETARY, REVENUE DEPARTMENT Respondents

JUDGEMENT

(1.) Heard Sri D.S. Hosamath, learned counsel for the Petitioner and learned AGA., for respondent Nos.1 and 2.

(2.) The present Writ Petition is filed seeking for the following reliefs:

(3.) It is the case of the Petitioner that he is tenant in possession of the land bearing Sy. No.5/B measuring 16 guntas in Ankanahalli Village, Mandya Taluk belonging to one Smt.Madamma. That the said land is a Toti Inam land and the Petitioner belongs to Toti community. That the Petitioner being poor and illiterate did not file Form No.7 but subsequently filed Form 7(A) under Sec. 77(A) of the Land Reforms Act, 1961 for grant of land before respondent No.2 making said owner Smt.Madamma as a party. The said Smt.Madamma died and paper publication was published calling for notifying/objections by legal representatives and Respondent No.3 filed application to be brought on record being the grand daughter. Respondent No.2 by order dtd. 18/6/2012 granted occupancy rights in favour of Petitioner. Being aggrieved, Respondent No.4 challenged the said order before the Karnataka Appellate Tribunal (hereinafter referred to as 'Tribunal') in Appeal No.735/2017.