JALAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra Court appeal emanates from an order dtd. 4/8/2021 passed by the learned Single Judge by which the writ petition preferred by the respondent Nos.3 to 5 has been dismissed.

(2.) Facts giving rise to filing of this appeal briefly stated are that one late Vasu Acharya filed an application in Form No.7 on 26/8/1974 seeking occupancy rights under the provisions of the Karnataka Land Reforms Act, 1961 for grant of occupancy rights. The Land Tribunal, by an order dtd. 15/10/1981 granted occupancy rights to late Vasu Acharya and rejected the claim insofar as it pertains to land bearing Sy.No.145/2 measuring 2.92 acres of Paduru Village. The order passed by the Land Tribunal was challenged in a writ petition. The learned Single Judge, by an order dtd. 24/7/1985 allowed the writ petition and remitted the matter to consider the claim of late Vasu Acharya in respect of Sy.No.145/2 measuring 2.92 acres. Thereafter, late Vasu Acharya filed an application seeking amendment of Form No.7 on 16/2/1989. By the proposed amendment, late Vasu Acharya sought to change Sy.No.145/2 measuring 2.92 acres and to delete the claim for 3.99 cents and amend it for 99 cents in Sy.No.99/4. The Land Tribunal, by an order dtd. 27/12/2011 granted occupancy rights to legal heirs of late Vasu Acharya in respect of land bearing Sy.No.145/2 measuring 3.02 acres. The aforesaid order was challenged by respondent Nos.3, 4 and 5 in a writ petition. The learned Single Judge, by an order dtd. 4/8/2021 has allowed the aforesaid writ petition. In the aforesaid factual background, this appeal arises for our consideration.

(3.) Learned counsel for the appellant submitted that even beyond the cut off date i.e. 30/6/1979, it is permissible for an applicant to file an application seeking amendment of Form No.7. In support of aforesaid submission, reliance has been placed on the decision of Hon'ble Supreme Court in 'NARAYANAPPA (D) BY LRS. Vs. B.S.RAMASWAMY (D) BY LRS.' (2016) 15 SCC 191.