MURIGAYYA GURUBASAYYA MUTTINAMATH Vs. LAND TRIBUNAL

JUDGEMENT

(1.) THE instant land reforms revision petition is directed against the order dated 17th March, 1989 passed by the Additional Land Reforms Appellate Authority, Bagalkot in L. R. A. (TR)No. 53 of 1987, setting-aside the order passed by the Land Tribunal, Badami, dated 3rd December, 1981 in no. KLR. T. S. R. 2488.

(2.) THE third respondent herein-Sri Yellappa Neelappa Bharamagoudra, claiming to be a tenant in respect of land in Sy. No. 60/1+2, measuring 16 acres 39 guntas situate at Gangana Budihal village, Badami Taluk, Bijapur District is alleged to have filed Form 7 for grant of occupancy rights before the first respondent-Land Tribunal, Badami on 15th March, 1989. The said application filed by third respondent-applicant had come up for consideration before first respondent-Land Tribunal, Badami on 3rd December, 1981 in KLR. T. SR. 2488. The Land tribunal, after evaluation of oral and documentary evidence, and on the basis of the admission stated to have been made by third respondent himself, to the effect that, he is not cultivating the said land as tenant, has passed the order, rejecting the application filed by third respondent-applicant in Form 7. Being aggrieved by the said order passed by the first respondent-Land Tribunal, Badami on 3rd December, 1981, the third respondent herein had filed writ Petition No. 13050 of 1982 before this Court. When the said writ petition was pending adjudication before this Court, the writ petition stood transferred to the Land Reforms Appellate authority, Bagalkot, by its order dated 16th July, 1986 in view of the amendment brought to the karnataka Land Reforms Act, 1961. Thereafter, the said transferred matter was renumbered as l. R. A. (TR)53 of 1987 on the file of the Additional Land Reforms Appellate Authority, bagalkot. The Land Reforms Appellate Authority, Bagalkot, after appreciation of the oral and documentary evidence available on record, has allowed the appeal filed by third respondent and set aside the order passed by Land Tribunal, Badami, by its order dated 17th March, 1989. Being aggrieved by the impugned order passed by Land Reforms Appellate Authority, Bagalkot, petitioner, now represented by his legal representatives felt necessitated to present the instant revision petition before this Court.

(3.) I have heard learned Counsel appearing for petitioners and learned Counsel appearing for respondents for considerable length of time on 25th August, 2005 and today. After thorough evaluation of the entire original records available on file, namely the records on the file of the land Tribunal, Badami, original records on the file of the Land Reforms Appellate Authority, bagalkot, after evaluation of the other material available on record and after going through the order passed by both the authorities, it emerges on the face of the order passed by Land Reforms appellate Authority, Bagalkot that, the said authority has committed an error, much less irregularity in allowing the appeal filed by third respondent, and setting aside the order passed by land Tribunal, Badami. Both the authorities have failed to take into consideration the root cause of the subject-matter involved in the instant case. It is significant to note that, there is a revenue proceedings initiated by petitioner claiming to be the owner of land in question before the tahsildar, who is the jurisdictional authority to consider regarding the entries found in the RTC. The Tahsildar, by his order dated 14th July, 1977 bearing No. TNC. MISC/77 has himself passed the order holding that, the entry found in the RTC extracts for the agricultural years 1964-65 to 1971-72 is not sustainable in view of the statement made by third respondent himself and one Sri shivappa Hanamantha Kolla, who have clearly stated that, the said entries have been entered by oversight and further they have also given statement before the said Tahsildar that, they have not filed any application for grant of occupancy rights in respect of the land in question before the tribunal. The statement made by them as referred by Tahsildar in his order dated 14th July, 1977 reads thus:. . (VERNACULAR MATTER OMMITED ). .