M. RAMA REDDY Vs. LAND TRIBUNAL

JUDGEMENT

(1.) This intra court appeal is filed assailing the order dtd. 11/6/2012 passed by the learned Single Judge of this Court in W.P.No.12686/2005.

(2.) Heard the learned Senior Counsel appearing for the parties and also perused the material available on record.

(3.) Brief facts of the case as revealed from the records that may be necessary for the purpose of disposal of this appeal are, the appellant herein had filed Form no.7 claiming occupancy rights of the land bearing Sy. No.234 measuring 1 acre and Sy. No.235 measuring 15 guntas situated at Hullahalli, Jigani Hobli, Bengaluru South Taluk, Bengaluru District (hereinafter referred to as 'the lands in question'), and respondent no.1 by order dtd. 30/10/1981 had granted occupancy rights of the lands in question in favour of the appellant. The father of respondent nos.2 & 3 herein viz., late Basappa who was the owner of the lands in question had participated in the enquiry proceedings before the Land Tribunal. However, he had not challenged the order dtd. 30/10/1981 under which occupancy rights of the lands in question was granted to the appellant. The said order was belatedly challenged by respondent no.3 herein before the learned Single Judge of this Court in W.P.No.12686/2005 contending that the lands in question was allotted to him in a family partition and without hearing him, the Land Tribunal had granted occupancy rights of the lands in question in favour of the appellant. The said writ petition was allowed and the matter was remitted to the Land Tribunal to hold a fresh enquiry and dispose of the matter in accordance with law. Being aggrieved by the said order, the appellant is before this Court.