M NARASAPPA Vs. LAND TRIBUNAL

JUDGEMENT

(1.) THE petitioners, being aggrieved by the order dated 29 8-1989 in No. ALRAA 74 of 1987 on the file of the Additional Land Reforms Appellate Authority and also the order dated 5-8-1981 in no. LRM: 1813:74-75 on the file of the Land Tribunal, Chintamani, have presented this revision petition.

(2.) ONE Sri Dodda Beerappa, deceased father of the second respondent had filed Form 7 in the prescribed form as per the Karnataka Land Reforms Rules, 1974 on 12-12-1975 for grant of occupancy rights in respect of lands bearing Sy. No. 342/5 measuring 2 acres 5 guntas and Sy. No. 342/4 measuring 32 guntas, situate at Nakundi Village, Chintamani Taluk, stating that, he is cultivating the said lands as tenant and occupancy rights may be registered in his favour. The said Form 7 filed by the father of the second respondent is available in page No. 12 of the original records. The said Form 7 had come up for consideration before the first respondent-Land tribunal on 5-8-1981 in Proceeding No. LRM: 1813:74-75. The Land Tribunal, after giving a specific finding that, the lands in question have been notified and acquired for formation of regulated market yard and hence, the question of considering his request for grant occupancy rights does not arise and accordingly, rejected the application filed by the second respondent. Being aggrieved by the order passed by the first respondent-Land Tribunal on 5-8-1981, the second respondent herein has filed a writ petition before this Court in No. 19872 of 1981. In view of the amendment to the Karnataka Land Reforms Act, 1961, the said writ petition has been transferred to the Additional Land Reforms Appellate Authority, Chikkaballapur and numbered as ALRAA 74/1987. The said appeal had come up for consideration before the Appellate authority on 29th July, 1989. The Appellate Authority, after appreciating the oral and documentary evidence' available on file, has given a specific finding that, the lands in question are vested in the Government as on 1-3-1974 and the original tenant is entitled for registering the occupancy rights in his favour, after giving cogent reasons in para 11 of the order and registered the occupancy rights in favour of the 2nd respondent by setting aside the order passed by the land Tribunal. Assailing the correctness of the impugned orders passed by the Land Tribunal, chintamani on 5-8-1981 and the Additional Land Reforms Appellate Authority, Chikkaballapur, on 29-7-1989, the petitioners felt necessitated to present the instant revision petition.

(3.) THE principal submission canvassed by Sri Gangireddy, Senior Counsel appearing for the petitioners is that, both the orders passed by the authorities below are contrary to the documentary evidence and no opportunity, as such, has been given to the petitioners to adduce their evidence. Further, he submitted that, the Land Tribunal, Chintamani has rightly rejected the application filed by the father of the 2nd respondent Sri Dodda Beerappa holding that, the said lands have been notified and acquired by APMC and hence the questioning of registering the occupancy rights in favour of the applicant does not arise. But the said observation made by the land Tribunal is not appreciated by the Appellate Authority and it has proceeded to pass the order holding that, the lands in question are tenanted lands and granted the occupancy rights in favour of the 2nd respondent only on the basis of the entries found in RTC extract. Therefore, he submitted that, both the orders passed by the authorities below are liable to be set aside.