SHANTADEVI Vs. LAND TRIBUNAL HUBLI

JUDGEMENT

(1.) The petitioners have approached this Court seeking issuance of writ in the nature of Certiorari, to quash the order dtd. 1/8/2012 passed by respondent No.1, the Land Tribunal, Hubli, produced as per Annexure-M, rejecting the claim of Sidlingappa Adiveppa Sullad, now represented by his legal representatives, for confirmation of occupancy right.

(2.) Heard Sri Mahesh Wodeyar learned counsel for petitioner Nos.1 to 4, Sri Mallikarjunswamy B. Hiremath learned counsels for petitioner Nos.5 and 6(a) to 6(f), Sri T. Hanumareddy, learned Additional Government Advocate for respondent No.1 - State, Sri Sunil S. Desai, learned counsel for respondent Nos.2 to 7, Sri B.S.Kamate, learned counsel for respondent Nos.9, 10 and 15, Sri C.R.Shivapuji learned counsel for respondent Nos.8, 11 and 17, Sri A.S. Patil, learned counsel for respondent No.13, Sri S.M.Tonne, learned counsel for respondent Nos.12 and 14 and Smt.Surabhi Kulkarni, learned counsel for respondent No.16. Perused the materials on record.

(3.) It is the contention of the learned counsel for the petitioners that Sidlingappa Adiveppa Sullad was cultivating the land bearing Sy.No.13 measuring 9.18 acres situated at Bammapur village, Hubli Taluk much prior to 1950. Accordingly his name was entered in column No.11 of the Record of Rights as per ME.No.1106 effected on 10/4/1956 produced as per Annexure-C. The owners of the land by name Ramachandra B. Havanoor and Narayan B. Havanoor have filed an application under Sec. 14 of the Karnataka Land Reforms Act, 1961 (' KLR Act ' for short) seeking resumption of the land. The said application came to be dismissed as per order dtd. 25/8/1972. After coming into force of the Karnataka Land Reforms (Amendment) Act, 1974 the land in question got vested with the Government as per ME.No.1945 certified by the Tahsildar on 24/9/1974 as it is a tenanted land. Accordingly, Form No.7 filed by Sidlingappa Adiveppa Sullad was considered by the land Tribunal conferring occupancy right in his favour as per order dtd. 22/10/1981.