CHAMBANNA FAKEERAPPA ALIAS CHANNAMALLAPPA TOGGI Vs. LAND TRIBUNAL

JUDGEMENT

(1.) THIS writ petition is filed by the petitioners 1 to 5 challenging the order dated 28-3-1988 passed by the Land Tribunal-respondent 2 in Case No. KLR/hanamanal/sr-12 granting occupancy rights in favour of respondents 3 and 4 in respect of land bearing Sy. No. 148, Block no. 153 measuring an extent of 15 acres 27 guntas situated at Hanamanal Village, on the ground that the order passed by the Tribunal is against the settled principles of law and respondents 3 and 4 who had purchased the said land from one Gangadharappa in the year 1971 is not entitled to get any occupancy rights. Therefore, the impugned order under challenge is liable to be set aside. Initially, the petitioners herein filed an appeal under Section 118 of the Karnataka Land Reforms act, 1961, before the Land Reforms Appellate Authority, Dharwad in L. R. A. No. 194 of 1988. During the pendency of the appeal, an amendment was brought to the Karnataka Land Reforms act in 1990 and the Land Reforms Appellate Authority was abolished. Therefore, the petitioners herein filed a Civil Petition No. 1236 of 1990 praying to convert the appeal into a writ petition. This Court allowed the civil petition by converting the appeal into instant writ petition.

(2.) HEARD learned Counsel for the petitioners and learned High Court Government Pleader for respondents 1 and 2 and learned Counsel for respondents 3 and 4.

(3.) LEARNED Counsel for the petitioners submit that respondents 3 and 4 had purchased the land bearing Sy. No. 148, Block No. 153 measuring 15 acres 27 guntas of Hanamanal Village, for a sum of Rs. 15,000/- on 26-6-1971. As on 1-3-1974, they were cultivating the said land as owners. Therefore, Form 7 filed by them for granting occupancy rights was not at all maintainable and the Tribunal has totally erred in coming to the conclusion that respondents 3 and 4 were tenants. Hence, the writ petition be allowed by setting aside the impugned order.