LAWS(KAR)-2014-4-276

JAYALAKSHMI SHEDTHI Vs. NARASAMMA D. SHEDTHI

Decided On April 11, 2014
Jayalakshmi Shedthi Appellant
V/S
Narasamma D. Shedthi Respondents

JUDGEMENT

(1.) IN these writ petitions, the issue raised are similar, they are clubbed and taken up together for final hearing by consent. In W.P. No. 5260 of 2014, the petitioner, a senior citizen who has crossed 90 years seeks a direction to the 4th respondent, the State of Karnataka to constitute the Land Tribunal for the jurisdiction of Arakalgudu Taluk to adjudicate on the claim for tenancy filed before it under the Karnataka Land Reforms Act, 1961 (for short, 'the Act'). Similar is the relief in the connected writ petition i.e., W.P. Nos. 6375 and 12780 to 12782 of 2014 pertaining to Karkala Taluk.

(2.) IN W.P. No. 5260 of 2014, the petitioner has brought in respondent 2, the surviving heir of the applicant, who sought for grant of tenancy right, the Land Tribunal as respondent 3 and the State of Karnataka as respondent 4 after deleting R.N. Pattabhi, who was arrayed as respondent 1.

(3.) NECESSARILY , the material propositions in the pleadings will have to be taken into consideration to decide whether such a direction is necessitated. The factual matrix is the father of first respondent -R.R. Nigamantha filed Form 7 -A claiming occupancy right in respect of land in Sy. Nos. 12/2 and 6/2 situate at Raghupathy Koppala Village, Ramanathapura Hobli, Arakalgudu Taluk, Hassan District. The application so submitted vide Annexure -A was registered before the Land Tribunal, Arakalgudu in No. LRF (RA.PUR)1/1999 -2000 to which the petitioner resisted.