AZMATH MEKHRI Vs. SHIVAPPA GOWDA

JUDGEMENT

(1.) IN these two appeals, the appellants have questioned the legality and validity of the order dated 04.07.2012 passed by the learned Single Judge, insofar as it relates to WP No.4422/2011 in respect of lands bearing Survey Nos.97, 98, 99 and in WP No.7794/2011 lands bearing Survey Nos. 101 and 102, situated at K.G. Byadarahalli Jodi Village, contending that, under the Jodidar Sri Subedar Michel, on his death his son Sri Anthony Michel there are several tenants in respect of various lands and the father of the appellants Sri M.R. Mekhri was one among them and they have filed an application for registration of occupancy rights in respect of the lands in question. It is the case of the appellants that late M.R. Mekhri was a permanent tenant in respect of the said lands under Anthony Michel and it is evident from several circumstances and documents which were in existence at an undisputed point of time. Sri M.R. Mekhri was also given conditional Sale Deed by Sri Anthony Michel and he was cultivating the lands in question as a tenant and they filed an application for grant of occupancy rights in respect of lands in question and the same has been considered and confirmed by the Special Deputy Commissioner for Abolition of Inams. Further, the application filed by M.B. Ramachandra and Sri M.B. Govindaraju before the Deputy Commissioner for Inams Abolition, claiming the lands in question as their family lands along with several other lands was declined. Against this, the aggrieved parties filed an appeal before the Karnataka Appellate Tribunal and an order was passed in favour of the appellants herein. Not being satisfied with the order passed by the Karnataka Appellate Tribunal, writ petitions were filed before this Court and this Court took up the writ petitions for final hearing and after hearing the learned counsel for both the parties, has held that these applications should be heard together and remanded the matter back to the Land Tribunal and the matter is pending adjudication.

(2.) WHEN things thus stood, one Sri Shivappa Gowda -respondent No.1 in the first appeal and Sri B.M. Venkata Reddy and Sri B.M. Ramachandra Reddy, the respondent Nos.2 and 3 in the first appeal who are also respondent Nos.1 and 2 in the second appeal filed their applications for impleading them in the proceedings, claiming that they are necessary parties to adjudicate the matter. Sri Shivappa Gowda contends that he is the LR of the deceased late Nanjundappa and the land has been granted in his favour and he being a rival tenant he is a necessary party to the proceedings. Sri B.M. Venkata Reddy and Sri B.M. Ramachandra Reddy contend that, the order passed by the Land Tribunal will affect their legitimate right.

(3.) THE applications filed by Shivappa Gowda and Sri B.M. Venkata Reddy and Sri B.M. Ramachandra Reddy have been allowed by the Land Tribunal by its order dated 22.07.2010 in proceedings LRF INA 25/1998 -99 produced at Annexure -C. Not being satisfied with the order passed by the Land Tribunal, the appellants herein felt necessitated to present WP Nos. 4422/2011 and 7794/2011. The said writ petitions, along with other writ petitions filed by the other writ petitioners in connected cases had come up for consideration before the learned Single Judge on 04.07.2012. The learned Single Judge after appreciating the oral and documentary evidence adduced by all the parties has dismissed the same, observing that, the parties therein can have their say before the Assistant Commissioner/Land Tribunal as they are also shown to be interested in the matter. Further, by the impugned order, parties are only permitted to come on record and the matter has not reached finality. It is for the Assistant Commissioner/Land Tribunal to consider the case of the parties on merits. All contentions were left open to be urged by the parties. Being dissatisfied with the impugned common order passed by the learned Single Judge, as referred above, the appellants felt necessitated to present these appeals.