CHANDRASHEKARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India is filed by the rival claimant challenging the order at Annexure-M, dtd. 30/11/2009, passed by the respondent-Tribunal, wherein the Form No.7 filed by the petitioner, rival claimant under the provisions of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as "the Act of 1961") has been rejected and the occupancy rights of the land in question, has been granted in favour of respondents No.4.

(2.) Heard the learned counsel for the parties.

(3.) Facts leading to filing of this writ petition as revealed from the records, narrated briefly are, the agricultural land in Block No.1, measuring 14 acres 24 guntas of Dharwad Village & Taluka (hereinafter referred to as "the land in question"), originally belonged to respondent No.3. The land in question was leased to respondent No.4 by respondent No.3. Respondent No.4 in turn allegedly subleased the land in question in favour of the petitioner herein under a unregistered document dtd. 28/4/1972. From the year 1972-73 onwards, the entries in the revenue records of the land in question stood in the name of the petitioner. After coming into force of the Act No.1 of 1974, the petitioner as well as respondent No.4 had filed two separate Form No.7 under the provisions of the Act of 1961, claiming occupancy rights of the land in question. The Land Tribunal, by order dtd. 31/12/1981 had granted the occupancy rights of the land in question in favour of the legal representatives of the deceased- respondent No.4 and rejected the claim of the petitioner. The said order was questioned by the petitioner before this court in W.P. No.3440/1982. During the pendency of the said writ petition, the Land Reforms Appellate Authority was constituted and the pending writ petition was transferred to the Appellate Authority at Dharwad and was renumbered as LRA No.266/1986. After the abolition of the Land Reforms Appellate Authority in the year 1990, the said appeal was retransferred to this Court and was renumbered as W.P. No.28789/1991. The said writ petition was allowed by this Court on 30/3/1999 and the matter was remitted to the Tribunal. The Tribunal thereafter, vide the order impugned dtd. 30/11/2009 rejected the Form No.7 filed by the petitioner and granted the occupancy rights of the land in question in favour of the legal representatives of the deceased-respondent No.4. Being aggrieved by the said order, the petitioner is before this Court.