RAJAMMA Vs. LAND TRIBUNAL BANGALORE

JUDGEMENT

(1.) WRIT Petition No. 32532 of 2003 is filed praying to quash the impugned order passed by R-1 in No. LRF 349/74-75, dated 28-4-2003 (Annexure-K ).

(2.) HUSBAND of the first petitioner and father of the second petitioner chikkannaiah was a tenant in respect of agricultural lands comprised in sy. No. 121/3 situated at Kadugondanahalli, Bangalore North Taluk to an extent of 01 acre 10 guntas acres since 1968-69. After coming into force of the Karnataka Land Reforms Act, 1961, petitioner's father filed his application in Form 7 for grant of occupancy rights in his favour as required under Section 48-A of the Act. The said land belonged to one merit Haji Mohammed Ismail Sab. Certain dispute arose in the family of said Merit Haji Mohammed Ismail Sab and one Sri Shankar ramakrishna was appointed as receiver in the year 1970 and thereafter in 1973, the respondents claim that they were appointed as receivers in respect of certain properties of Merit Haji Mohammed Ismail Sab. An application filed by the petitioner's father was allowed and occupancy rights were granted in his favour by the Land Tribunal. Aggrieved by the said grant one Jaheer Ahmed filed Writ Petition Nos. 8827 and 8828 of 1980. Those petitions were allowed and the matter was remanded for fresh disposal by this Court. After remand, the Tribunal rejected the claim of the petitioner's father on the ground that the lands come under the custody of the receiver under Section 108 of the Karnataka Land reforms Act. Petitioner's father filed an appeal before the Appellate authority. In the light of abolition of Appellate Authority, civil petition was filed in this Court and the said civil petition was converted into w. P. No. 20323 of 1993. The said petition was allowed by this Court and the matter was remanded once again by this Court. After remand, the tribunal granted occupancy rights on 26-10-1998. That was successfully challenged in W. P. No. 8265 of 1999. Petitioner filed a writ appeal. The division Bench confirmed the order passed in the writ petition. During the pendency of the matter before the Tribunal, petitioner filed a memo that the respondents 2 and 3 are no longer the receivers of the estate of the deceased Merit Hajee Mohammed Ismail Sab. No objections were filed. The Tribunal deleted the names of respondents 2 and 3. Against the deletion order respondents 2 and 3 filed W. P. No. 33087 of 2001. This Court again remanded the matter. After remand, the Tribunal rejected the case of the petitioner. The said order is challenged by the petitioners in this petition.

(3.) IN W. P. No. 32533 of 2003 petitioner's father was cultivating 1 acre 17 guntas of land in Sy. No. 122/2 of Kadugondanahalli, Bangalore north Taluk. The facts in this case are same or similar as in W. P. No. 32532 of 2003. Petitioners in this petition are before me challenging the impugned order passed by respondent 1-the Land Tribunal, Bangalore north Taluk, Bangalore dated 28-4-2003 in its proceedings No. LRF/351/74-75, Annexure-K