(1.) This intra Court appeal arises from an order dtd. 13/2/2017 passed by the learned Single Judge by which the writ petition preferred by original petitioner / deceased respondent No.3 in the appeal, has been allowed and the order dtd. 13/2/2004 passed by the Land Tribunal has been set aside.
(2.) Facts giving rise to filing of this appeal briefly stated are that the appellant claimed to be in possession of land bearing Sy.No.7 measuring 2 acres and 3 guntas situated at Markandapura Village, Kolar Taluk. It is the case of the appellant that the aforesaid land was Shanbhog Inamathi land. It is the further case of the appellant that the father of the deceased respondent No.3 was holding the village office of Shanbhog for 7 villages including Markandepura village during his lifetime who expired in 1962. Thereafter, deceased respondent No.3 held the office of Shanbhog till the Village Offices Abolition Act came into force. However, appellant filed an application seeking occupancy rights on the ground that he is the tenant in respect of the schedule land. The Tribunal, by an order dtd. 10/8/1981, granted occupancy rights in his favour. The order was challenged in a writ petition. The order passed by the Land Tribunal was set aside and the matter was remitted for a fresh consideration to the Land Tribunal. The Land Tribunal again granted occupancy rights in favour of appellant which was subject matter of challenge in W.P.No.8916/1984 and the order passed by the Land Tribunal was once again set aside and remitted back to the Land Tribunal. The Tribunal thereafter once again granted occupancy rights in respect of appellant. The same was again challenged in W.P.No.16837/1992 which was decided and the matter was once again remitted to the Land Tribunal for fresh consideration. While deciding the aforesaid writ petition, a learned Judge of this Court directed the appellant herein to produce the aforesaid lease deed dtd. 12/7/1957 on the basis of which, his claim for occupancy rights was found. The Tribunal, by an order dtd. 13/2/2004, granted occupancy rights in favour of appellant. Order dtd. 13/2/2004 passed by the Land Tribunal granting occupancy rights in favour of appellant was subject matter of challenge in a writ petition. The said writ petition has been allowed and the order dtd. 13/2/2004 has been quashed by the learned Single Judge. In the aforesaid factual background, this appeal has been filed.
(3.) Learned Senior counsel for the appellant submitted that the writ petition preferred by the respondent No.3 could not have been allowed merely on the basis of a discrepancy in the sale deed dtd. 12/7/1957. It is further submitted that the learned Single Judge ought to have remitted the matter for fresh consideration to the Land Tribunal. On the other hand, learned counsel for the respondent Nos.3(a) to (f) has supported the order passed by the learned Single Judge.