LAWS(KAR)-2004-1-66

APPAYYA KALLAPPA KHANADALE Vs. STATE OF KARNATAKA

Decided On January 27, 2004
APPAYYA KALLAPPA KHANADALE (DECEASED) BY L.RS Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) SETTLEMENT not reported. Hence, the Court proceeds to dictate the order on merits of the case.

(2.) THE Legal Representatives of deceased petitioner have filed this writ petition seeking to quash the impugned order at Annexure-B, dated 17-5-2003 passed by the 2nd respondent Land Tribunal rejecting the application seeking grant of occupancy rights in respect of 3. 08 acres of land in Sy. No. 26 of Managuthi village and granting occupancy rights in favour of respondents 3 (a) to (f) and 4 to 6 to the entire extent of 6-16 acres in the same land.

(3.) HAVING heard the learned Counsel for the parties and perusing the records, prima facie in my view the Land Tribunal committed an error in passing the impugned order granting occupancy rights to the entire extent to respondents 3 to 6 and rejecting the claim of petitioners' father. The reasons for my conclusion are as under.