HUSSAINMIYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioners are challenging order dtd. 23/1/2013 passed by the Land Tribunal, Byadagi, in No.TEN/SR/45/KUMMUR (Annexure-E to the writ petition).

(2.) For the purpose of convenience, the parties to the petition are referred to as per their rank before the Land Tribunal.

(3.) It is the case of the petitioners that the father of the petitioners -Hussainmiya was owner of the land bearing Sy.No.23/1 measuring 7.01 acres of Kummur village. After the death of the father of the petitioners on 18/10/2007, the petitioners are in cultivation of the subject land. It is further stated that, father of the petitioner never leased any land much less in favour of one Mohammed Ismailsab (father of the respondents 2 to 6). The petitioner contended that, the deceased Mohammed Ismailsab alleged to have filed Form No.7 seeking occupancy rights in respect of the subject land (Annexure-A). The Land Tribunal, without considering the material on record, granted occupancy rights in favour of the deceased Mohammed Ismailsab by order dtd. 25/10/1977 and the same was challenged by the father of the petitioners in Writ Petition No.13969 of 1977. This Court quashed the order passed by the Land Tribunal and as such, remanded the matter to the Land Tribunal for fresh consideration. Thereafter, the Land Tribunal, on remand, passed the order dtd. 27/5/1988, rejecting Form No.7 filed by the said Mohammed Ismailsab and the same was challenged before this Court in Writ Petition No.43375 of 2001 and this Court after considering the material on record, by its order dtd. 4/1/2005, allowed the writ petition and consequently, remanded the matter to the Land Tribunal for fresh consideration. Pursuant to the same, the Land Tribunal without considering the observation made by this Court, passed the order dtd. 23/1/2013 and being aggrieved by the same, the petitioners have presented this writ petition.