VEENA Vs. SPECIAL OFFICER

JUDGEMENT

(1.) The appellants, who were petitioners in writ petition, questioning the correctness or otherwise of the order impugned passed by the learned Single Judge, in Writ Petition No. 3860/2006 (GM-CPC) dated 8th March 2010, have presented this writ appeal. In the writ petition filed by the petitioners/appellants herein, they had sought for quashing the order at Annexure A therein dated 1st February 2006 passed by the Karnataka Appellate Tribunal at Bangalore in Appeal No. 1390/2005 and also the order dated 24th August 2005 passed by the first respondent - Officer authorized (but wrongly mentioned as Special Officer, Land Tribunal, Udupi in the cause title), vide Annexure B to the writ petition.

(2.) The said writ petition filed by the appellants was dismissed. Being aggrieved by the impugned order of dismissal passed by the learned Single Judge and the orders passed by the Officer authorized and the Tribunal, the appellants are before this Court, seeking appropriate reliefs as stated supra.

(3.) Brief facts of the case in hand as stated by the appellants are that, their father, deceased Balakrishna Bhat was a tenant in respect of land bearing Sy. No. 30/3C(1), measuring 03 acres 73 cents situate at "Padu-100" village, Udupi Taluk, Udupi District and cultivating the said land as tenant and he has been in possession and enjoyment of the same and subsequently, after the death of their father, Balakrishna Bhat, they continued to cultivate the said land and have been in peaceful possession and enjoyment of the same. Further, they contended that their father being a tenant had also received rent/geni receipts dated 13/12/1967 and 28/5/1968 for having collected the yearly rent. But, unfortunately, the father of the appellants did not file Form No. 7 for registration of occupancy rights. Be that as it may, in the month of January 1989, the Tahsildar, Udupi after hearing the father of the appellants, removed his name from the record of rights on the ground that he did not file Form No. 7 and the said order of the Tahsildar was set aside by the Assistant Commissioner, by his order dated 5th June 1989. When things stood thus, an amendment was brought to Section 77 of the Land Reforms Act, which came into force from 01-11-1998, wherein, a provision was made, wherein, such of those persons who did not file Form No. 7 for registration of occupancy rights even though they are cultivating the land since 01-03-1974 till 01-11-1998 (by Act No. 23 of 1998), can file Form No. 7-A under Section 77A of the amended Land Reforms Act, seeking occupancy rights.