D NARAYANA RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE three appeals are arisen out of the common order passed by a learned Single Judge in WP No 19050 of 2012 c/w WP No 33310 of 2012 dated 17 -1 -2013. WA No 3661 of 2013 is filed by the legal representatives of one D Narayana Rao, who are claiming to be the owner of land bearing RS No 27, situated at Alape village, Mangaluru taluk, Dakshinakannada district. WA Nos 3660 and 3726 of 2013 are filed by one M R Battya @ M K Bttyappa, since deceased and represented by his legal representatives, claiming to be the tenant in respect of 3 acres of land in the said survey number.

(2.) SINCE all these appeals are arisen from out of the common order passed by the learned Single Judge in the writ petitions referred to above, we have heard all the appeals together.

(3.) FACTS leading to these appeals are that: Form No 7 was filed by appellant M R Battya @ Battyappa, claiming to be the tenant in respect of 3 acres of land in RS No 27, situated at Alape village, Mangaluru taluk, Dakshina Kannada district under the 4th respondent, contending that the above land is an agricultural land and vested in the government in terms of the provisions of the Karnataka Land Reforms Act, 1961 for short, the Act. One Gowri, mother of fourth respondent in WA No 3661 of 2013 also filed an application in Form No 7 claiming to be the tenant under said Narayana Rao in respect of the entire extent of land in the same survey number. Later, the application filed by Gowri was withdrawn on the ground that the same was filed on a misconceived notion.