HAFIJABI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition under Art. 226 is directed against the order of the Tahsildar of Yellapur dt. February 9, 1976 made under S. 58 of the Karnataka Land Reforms Act, 1961 ('Act').

(2.) The facts leading to the petition may, briefly, be stated : Survey Nos. 76, 78 and 87 of Yellapur Village undisputedly belonged to the petitioner. A. K. Shanbhag, claiming to be the tenant cultivating those lands, made an application before the Land Tribunal, Yellapur, claiming occupancy rights in respect of those lands. The petitioner contested the said claim on the ground that there was no relationship of landlord and tenant as between the parties. The case of the petitions was that the lands were given to A. K Shanbhag by her husband only on 'phalaguttige' and no lease was executed by A. K. Shanbhag. The Tribunal did not accept that contention. By order dt. November 26, 1975 the Tribunal held that A. K. Shanbhag was in possession of the lands under a lease, but that lease was contrary to the provisions of the Act. Since ft was an illegal lease, A. K. Shanbhag could not claim occupancy right. With this conclusion, the Tribunal dismissed the application of A. K. Shanbhag.

(3.) Thereupon the Tahsildar, Yellapur, initiated proceedings against the petitioner under S. 58 of the Act. He issued notice calling upon the petitioner to show cause why the said lands should not be forfeited to the State Government. It was stated in the show cause notice that the Land Tribunal has recorded a finding in the proceedings under S. 45 of the Act that the lease executed by A. K. Shanbhag on July 16, 1967 was in contravention of the provisions of S. 5 of the Act and therefore it was illegal and void and the lands shall be forfeited to the State as penalty for contravention of the Act. The petitioner resisted the action taken by the Tahsildar inter alia contending that A. K. Shanbhag was not a tenant and even otherwise S. 58 could not be invoked to forfeit the rights of the landlord since the lease in question was executed prior to March 1, 1974.