HANAMANT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioners are assailing order dtd. 28/4/2022 passed by the Land Tribunal, Jamakhandi- respondent No.2 vide annexure-J to the writ petition, conferring the occupancy right in favour of the contesting respondents herein.

(2.) The facts in nutshell are that, the petitioners are the legal representatives of deceased Hanamantappa son of Pandappa Bidari, who is the owner of the land bearing Sy.No.119 measuring 18 acres 4 gunta and R.S.No.120 measuring 15 acres 2 guntas situate at Chikkapasalagi village, Jamakhandi taluk. After the death of the said Hanamantappa, his son-Basavaraj succeeded to the properties and pursuant to his demise, the petitioners are succeeding to the properties which is the joint family property of the petitioners. It is stated that the petitioners are cultivating the land in question. It is averred that one deceased Shivabasappa s/o Mallappa Kalyani, claims to be the tenant of the land in question, has filed an application in Form No.7 dtd. 20/8/1974 seeking occupancy rights in respect of the land in question and as the said application was not considered by the Land Tribunal, Jamakhandi, the said tenant has filed W.P.No.15284/1998 before this Court and this Court by order dtd. 30/10/1998, directed the Land Tribunal to examine the claim made by the said tenant (Annexure-B). Pursuant to the order passed by this Court, the said tenant had filed Form No.7A seeking grant of occupancy right in respect of the land in question as per Annexure-C and the competent authority, after holding detailed enquiry by its order dtd. 6/1/2000 rejected the claim made by the said tenant (Annexure-D). In the meanwhile, the said alleged tenant filed W.P.No.1062/2002 before this Court and this Court by order dtd. 17/11/2003, directed the Land Tribunal to consider the case of the petitioner for grant of occupancy right. It is the grievance of the petitioner as the application filed by the petitioner has been rejected seeking occupancy rights insofar as said Form No.7A is concerned and therefore, the Land Tribunal by its impugned order dtd. 28/4/2022 without giving reasons for accepting the application filed by the contesting respondents, has passed by the impugned order which requires to be interfered with in this petition.

(3.) I have heard Sri K.L.Patil, learned counsel on behalf of Sri S.S.Beturmath appearing for the petitioners and learned Additional Government Advocate for respondents No.1 to 3 and learned senior counsel Sri Gurudas Kannur on behalf of Sri B.D.Narasagond appearing for respondents No.4 to 14.