K SOMASHEKARA SHETTY Vs. DEVAKI

JUDGEMENT

(1.) PETITIONER is the owner of the land bearing Sy. No. 62/1a measuring 74 cents of Neerumarga village. One Dogra Poojary, husband of respondent No. 1 and father of respondent Nos. 2 and 3 had filed an application in Form No. 7 seeking grant of occupancy right in respect of the said land. Dogra Poojary died during the pendency of the proceedings before the Land Tribunal. The Land Tribunal by its order dated 21. 1. 2003 granted occupancy right in respect of the said land in favour of the legal representatives of Dogra Poojary namely respondent Nos. 1 to 3. The Petitioner has called in question the said order of the Land Tribunal in this writ petition.

(2.) I have heard Sri. S. S. Sripathy, Learned Counsel for the petitioner and Sri K. Gridhar, Learned Counsel for respondent Nos. 1 to 3 and Sri b. Veerappa, and learned Additional Government Advocate for respondent Nos. 4 and 5.

(3.) SRI. S. S. Sripathy, Learned Counsel appearing for the petitioner argues that the land in question is a punja land and is not capable of being cultivated. It is further submitted that the petitioner has filed objections to that effect before the Land Tribunal. The petitioner has led evidence in support of his contentions. The Land Tribunal has not considered the contentions urged by the petitioner. He submits that having regard to the facts and circumstances of the case, the Land tribunal ought to have conducted a spot inspection as provided under rule 17 (4) of the Karnataka Land Reforms Rules (for short 'the rules' ). He submits that the Land Tribunal is not justified in granting occupancy right in favour of respondents 1 to 3.