GANGAMMA Vs. TAHSILDAR BANGALORE SOUTH TALUK

JUDGEMENT

(1.) SIDDAVEERAPPA, the husband of the 1st petitioner and father of the 2nd petitioner had filed an application in Form 7 for grant of occupancy right in respect of the lands bearing Sy. No. 150 measuring 9 acres and sy. No. 151 measuring 14 acres 20 guntas of Tavarekere, Magadi Taluk, bangalore Rural District. The Land Tribunal by its order dated 11-4-1981 granted occupancy right in respect of the said lands in favour of the said Siddaveerappa. Thereafter, the Land Tribunal issued Form 10 in favour of Siddaveerappa on 18-4-1981. The revenue records have also been transferred to the name of Siddaveerappa.

(2.) A survey of the lands in question was conducted by the Competent authority and a report was submitted by the said authority which states that the Siddaveerappa was in possession and cultivation of the lands bearing Sy. No. 153/1 measuring 1 acre 27 guntas and Sy. No. 151 measuring 2 acres 34 guntas during the relevant point of time. The survey report is at Annexure-E. During the pendency of the proceedings since Siddaveerappa died, his legal representatives, the petitioners herein, made an application to the Land Tribunal to suitably modify its previous order dated 11-4-1981 and bring it in conformity with the survey report. However, the Land Tribunal rejected the said request by the impugned endorsement dated 4-9-2004 on the ground that it does not have statutory power to amend the order. The said endorsement is challenged by the petitioners in this writ petition.

(3.) I have heard Sri Jayakumar S. Patil, learned Senior Counsel for the petitioners and Sri Nadiga Shivanandappa, learned High Court government Pleader for respondent 1. Though the other respondents were served, they have remained unrepresented.