SANNA GANGAMMANAVARA KOTRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have challenged the order dtd. 28/8/2007 passed by 2nd respondent-Tribunal (Annexure- J), dismissing the claim made by the petitioners-tenants.

(2.) Relevant facts for adjudication of this writ petition as contended by the petitioners are that the land bearing Sy No.252/B, measuring 7.41 acres of Talakallu village, Hadagali Taluk, Bellary District is belong to one Sri Gurusiddeshwara Mutt, managed by Sri Niranjana Jagadgurugalu, Marishantaveera Swamigalu, Koppalla. It is further stated that, the petitioners are the legal representatives of one late Sanna Gangammanavar Kotrappa, (hereinafter referred to as tenant) who was cultivating the aforementioned land since 1956 as a tenant. The said tenant filed Form No.7 under the provisions of Karnataka Land Reforms Act, 1961 (hereinafter referred to as 'Act') seeking occupancy rights.

(3.) The petitioners pleaded that, the respondents- H.M.Kotrabasaiah, and late Hirematada Gurubasavaiah, (father of respondent Nos. 4 and 5), said to have purchased the schedule land from the aforementioned Mutt on 9/1/1960 under the registered Sale Deed and they claim to be the owners of the land. The said Sale Deed was challenged by the tenant as illegal on the ground that the first option of purchase was not given to him by the Mutt as per the provisions of the then Mysore Tenancy Act. The said claim made by the tenant, was rejected by the Tahasildar, which came to be confirmed in an appeal by the Assistant Commissioner, Hospet. Feeling aggrieved by the same, the said tenant filed appeal before the Deputy Commissioner, Bellary and the appeal came to be allowed on 22/4/1967. Feeling aggrieved by the same, the respondents have filed Revision before the Revenue Appellate Tribunal in RA No.131 of 1967, which came to be dismissed by order dtd. 10/7/1967 (Annexure-B). The said order of the Revision Appellate Tribunal was challenged before this Court in WP No.199/1970 and this Court set aside the impugned order therein and remanded the matter to the Tahalsidar Hadagali for fresh consideration (Annexure-C). In the meanwhile, the said tenant filed Form No.7 on 30/12/1974. The Land Tribunal, Hadagali, after making detailed enquiry, granted occupancy rights in favour of the tenant by its order dtd. 16/12/1978. It is also narrated in the writ petition that the contesting respondents have filed suit in OS No.905 of 1961 before the Munsif and JMFC, Hospet. The said suit was transferred to competent court at Hadagali, and renumbered as OS No.5 of 1964. The suit is filed by the contesting respondents seeking relief of declaration of title, with consequential relief of possession. The above suit is pending consideration before the Trial court. It is also stated that, after remand by this Court, the Land Tribunal after enquiry, by its majority rejected the occupancy rights to the tenant, however, the Chairman/President of the Land Tribunal ordered for granting of occupancy rights in favour of late Sanna Gangammanavar Kotrappa, by order dtd. 3/2/1988 (Annexure-G). The petitioners feeling aggrieved by the same, have filed appeal in LRAA No.213 of 1988 and same was converted into WP No.2250 of 1997. This court, after considering the material on record by its order dtd. 18/4/2006 remitted the matter to the Land Tribunal for fresh consideration. Again, the Land Tribunal after considering the case on merits, by its order dtd. 28/8/2007, (Annexure-J) rejected the claim made by the petitioner. Feeling aggrieved by the same, the petitioners have presented this writ petition.