(1.) In this writ petition, the petitioner has challenged order dtd. 26/8/2016 passed by the Land Tribunal, Honnavar (Annexure-L to the writ petition), rejecting the claim made by the petitioners herein for grant of occupancy rights in respect of subject land.
(2.) It is the case of the petitioner that, the mother of the petitioner-late Roman W/o. Salvador Fernandes was subtenant under the grand-mother of the respondent No.4. It is stated that, the mother of the petitioner and the grand mother of respondent No.4 had filed Form No.7 claiming occupancy rights in respect of the subject land. The Tribunal at the first instance after considering the claim made by the parties, allowed the rival application by its order dtd. 28/12/1981 (Annexure-E to the writ petition). The said order dtd. 28/12/1981 was challenged before this Court in W.P.No.8623/1982 and thereafter, the case was renumbered as W.P.No.15651/1993. It is contended by the petitioner that, this Court while remanding the matter to the Land Tribunal for fresh consideration by its order dtd. 15/3/2002 directed the Land Tribunal to conduct spot inspection, however, not following the said direction issued by this Court, the Land Tribunal in the impugned order has rejected the claim made by the petitioners vimsically which requires to be interfered with in this writ petition. Hence, this writ petition is filed.
(3.) I have heard Sri. K.L.Patil, learned counsel for the petitioner, Sri. Vinayak S. Kulkarni, learned Additional Government Advocate for the respondent Nos.1 to 3, Sri. B.S.Kamate, learned counsel for the respondent No.4 and Sri. Sangram S. Kulkarni, learned counsel for the respondent No.5.