BASAPPA HONNAPPA PARASAPPANAVAR Vs. ASST. COMMISSIONER

JUDGEMENT

(1.) In this writ petition, petitioners have challenged the order dtd. 13/11/2008 passed by the Karnataka Appellate Tribunal, Bengaluru (hereinafter referred to as 'the KAT', for short) in Appeal No.1023/2002, remanding the matter to the 1st respondent herein for fresh consideration.

(2.) The relevant facts for adjudication of this writ petition are that, the petitioners are the sons of one Mr. Honnappa Basappa Parasappannavar, who claims to be the tenant of the subject land, bearing survey No.37/1B measuring 4 acres 16 guntas situate at Gonal Village, Savnur Taluk, Haveri District. It is averred in the writ petition that, name of the father of the petitioners was entered as a tenant in the mutation entry and the father of the petitioners died on 5/2/1983 and thereafter names of the petitioners were entered into record of rights. It is also stated in the writ petition that, the petitioners herein have filed O.S.No.88/1996 before the Civil Judge (Jr.Dn.) Savanur, seeking relief of permanent injunction against defendant No.2. It is further stated that, the 4th respondent herein has filed an application before the Tahasildar, Savanur to delete the name of the petitioners in the revenue records and pursuant to the same, the revenue authorities have entered the name of respondent No.2 and being aggrieved by the same, the petitioners have preferred an appeal under Sec. 136(2) of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as 'the KLR Act', for short), before the 1st respondent herein and the said appeal came to be allowed by order dtd. 31/3/1999 (Annexure-A). The 1st Respondent therein preferred revision before the District Commissioner, Haveri and the same came to be allowed by order dtd. 30/11/2000. In the meanwhile, the petitioners had filed Form No.7A under Sec. 77A of the Karnataka Land Reforms Act, 1961 for grant of occupancy rights, which came to be allowed by order 20/3/2000 (Annexure-C). Being aggrieved by the same respondent No.1 has filed an appeal before the KAT, in appeal No.1023/2002. The KAT by order dtd. 13/11/2008 set aside the order passed by the 1st respondent herein and remitted the matter back to 1st respondent for fresh consideration. Being aggrieved by the same, petitioners has preferred this writ petition.

(3.) I have heard Sri. Sunil S. Desai, learned counsel appearing for the petitioners and Sri. Vinayak S. Kulkarni, learned Additional Government Advocate for the respondent-State.