SHIVALING Vs. LAND TRIBUNAL

JUDGEMENT

(1.) THIS writ petition is filed by the petitioners against the order dated 10/5/1977 passed by the land Tribunal, Hukeri in case No. TNC/sr. No. 3487 and in No. TNC/sr. No. 2785 dated 10/5/1977 as per Annexures-"a and B" in favour of one Bhima Dungappa Sukanahalli andnagappa Satyappa, granting occupancy rights in their favour in respect of land SY. No. 127/9 A measuring 1 acre 15 guntas and land bearing No. l27/9b measuring 2 acres respectively. Both the lands are in Ankale of Hukeri Taluk.

(2.) THE main grounds urged by the petitioner No. 1 andl. Rs of petitioner No. 2 are that, they have filed Form No. 1 for grant of occupancy rights in their favour on 26/6/1983 as per Annexure-C in respect of the aforesaid lands as tenants when Inam Abolition Act 1977 was in force. But the respondents-4 to 7 filed Form No. 7 in the year 1974 claiming occupancy rights in respect of the land of Shree Swami Jagadguru Shankaracharya Math as tenants. But the tribunal without verifying the records granted occupancy rights in favour of Bhima Dungappa Sukanahalli and nagappa Satyappa as per Annexures-A and B. Since the petitioners were in possession and enjoyment of the said lands, they have invested huge amounts to dig the bore well and have made it fit for cultivation. Therefore, the petitioners could not be parties before the Tribunal along with other applications filed by Respondents-4 to 7. Therefore, the Tribunal ought to have clubbed the applications Form No. 7 filed by other applicants like the petitioners and after clubbing all the applications ought to have passed the order. Therefore, the impugned orders passed by the Land Tribunal at Annexures-A and B are liable to be quashed.

(3.) INITIALLY the petitioners herein filed writ petition before this Court in W. P. No. 18852/83 challenging the order dated 10/5/1977 passed by the Land Tribunal, Hukeri i. e. , respondent No. 1 separately as per Annexures-A and B. When the said writ petition was pending an amendment was brought to the Karnataka Land Reforms Act and the Land Reforms Appellate Authority was constituted, therefore, the writ petition was transferred to the Appellate Authority, Belgaum and registered ;the appeal as R. A. No. 653/86 on the file of the Land Reforms Appellate Authority, belgaum. Consequently, additional Appellate Authority was constituted therefore, the said appeal was transferred to the Additional Appellate Authority which was renumbered as R. A. No. 342/87. When the said appeal was pending before the Additional Appellate Authority, again an amendment was brought to the Land Reforms Act, abolishing the Appell ate Authority. Therefore the petitioner filed Civil Petition before this Court in CP. No. 5534/ 1991 to convert appeal into writ petition. Accordingly the said Civil Petition was allowed and it was converted into writ petition.