N. MUNIHANUMIAH Vs. LAND TRIBUNAL

JUDGEMENT

(1.) This intra Court appeal arises out of an order dtd. 9/4/2019 passed by the learned Single Judge by which the writ petition preferred by the appellants has been dismissed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the land bearing Sy.Nos.10/1, 139, 116/02, 103, 104 and 105 measuring 2 acres 19 guntas, 3 acres 28 guntas, 2 acres 2 gunas, 1 acre 4 guntas, 2 acres 18 guntas and 1 acre 11 guntas, respectively, are situated at B.Narayanapura Village, Krishnarajapuram Hobli, Bangalore East Taluk, were in possession of one Doddanagappa Reddy. On enactment of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 (hereinafter referred to as 'the Inams Abolition Act'), the lands in question stood vested with the State Government. It is the case of the appellants that an application was filed before the Special Deputy Commissioner, Inams Abolition and on account of demise of the original applicant namely Doddanagappa Reddy, his legal representatives continued the proceeding. It was further pleaded that the Special Deputy Commissioner, Inams Abolition granted occupancy rights in favour of children of Doddanagappa Reddy under Sec. 5 of the Inams Abolition Act. It was averred that on account of the aforesaid order, the legal representative of original grantee continued in possession. However, subsequently, the appellants learnt that an order dtd. 4/10/2001 has been passed by the jurisdictional Tahsildar by which names of the private respondents have been entered in the revenue records. It was further learnt that certain persons namely Sriyuths T.Krishnappa, Narayanappa, Kottappa and Govindappa filed an application in Form No.7 before the Land Tribunal seeking occupancy rights under Sec. 48A of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as 'the Act'). It was also pleaded that their application was allowed by the Land Tribunal. The appellants thereupon filed a writ petition seeking to challenge the order dtd. 4/10/2001. The respondent Nos.2 to 19 filed their statement of objections in which inter alia the claim of the appellants was denied. It was further pleaded that the land has been granted to them in a proceeding before the Land Tribunal.

(3.) The learned Single Judge, by an order dtd. 9/4/2019 inter alia held that the predecessor in title of respondent Nos.2 to 19 are in cultivated possession of the land since 1966. It was further held that the order impugned in the writ petition was passed on 4/10/2001 whereas the writ petition was filed on 10/11/2008. Thus, the learned Single Judge held that the writ petition suffered from delay and laches and accordingly the petition has been dismissed. In the aforesaid factual background, this appeal has been filed.