K. SADANANDA BHAT Vs. AKKU POOJARTHY

JUDGEMENT

(1.) This intra court appeal emanates from an order dtd. 7/4/2014 passed by Learned Single Judge, by which writ petition preferred by the appellant has been allowed and the matter is remitted to the land tribunal for fresh consideration. The appellant is aggrieved by the order passed by the Learned Single Judge only to the extent it directs remand of the matter to the land tribunal (hereinafter referred to as 'the tribunal' for short).

(2.) Facts giving rise to filing of this appeal briefly stated are that father of the appellant viz., late Sri.Krishna Bhat was owner of lands bearing Sy.No.50/11, Sy.No.50/12, Sy.No.50/13B, Sy.No.50/26 and Sy.No.50/27 measuring 19 cents, 44 cents, 37 cents, 09 cents and 09 cents respectively situate at Village Kuthpady, Taluk and District Udupi. On death of Sri.Krishna Bhat, the aforesaid lands devolved on his son viz., the appellant. The original respondent No.1 Smt.Akku Poojarthy and respondent No.2 Smt.Girija Poojarthy filed an application on 17/30/1978 in Form No.7 under provisions of Karnataka Land Reforms Act, 1961 (hereinafter referred to as 'the Act' for short) for grant of occupancy rights. The tenancy was claimed in respect of land bearing Sy.No.50/11, 50/12, 50/13B, 50/26 and 50/27 measuring 19 cents, 44 cents, 37 cents, 9 cents respectively.

(3.) The tribunal by an order dtd. 23/10/1981 granted occupancy rights in favour of respondents No.1 and 2 in respect of all the lands in respect of which a claim was made in the application. The said order was challenged by the appellant in a writ petition viz., W.P.No.31234/1981, which was allowed by an order dtd. 5/9/1984 and the matter was remitted to the tribunal for fresh disposal.