SADASHIVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners, who are the beneficiaries of the order at Annexure-D, dtd. 15/1/1977 passed by the Land Tribunal, Athani, wherein the occupancy rights of the lands bearing Sy. Nos.365/5, 367/2, 205/5, 365/3, 366/3 & 205/3 of Jugul Village, Athani Taluka have been granted to the petitioners along with other contesting private respondents herein have approached this Court with the prayer to quash Form No.10, dtd. 31/3/2017, issued by respondent No.3 - Tahasildar, vide Annexure-J and also to issue a writ of mandamus directing the Land Tribunal, Athani to determine the shares of the parties to whom the occupancy rights have been granted by the Tribunal vide Anneuxre - D.

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

(3.) Brief facts of the case leading to filing of this writ petition narrated briefly are, the petitioners and the contesting private respondents i.e., respondent Nos.4 to 16 claim rights over the lands in question under order at Annexure - D, dtd. 15/1/1977, passed by the Tribunal. The predecessors of the petitioners and the predecessors of the contesting private parties had filed three separate Form No.7 vide Annexures - A, B & C claiming occupancy rights of the lands in question and considering their claim, the Land Tribunal vide order dtd. 15/1/1977 at Annexure - D had granted the occupancy rights of the lands in question jointly in favour of the claimants. After the death of the original claimants, their legal representatives have approached the Tahasildar for issuance of Form No.10. Considering their respective claims, respondent No.3 - Tahasildar vide Annexure-J, dtd. 31/3/2017 has issued Form No.7, wherein virtually he had partitioned the lands of which the occupancy rights were granted to the parties. Being aggrieved by the same, the petitioners are before this Court.