KRISHNA M BHAT Vs. LAND TRIBUNAL BANTWAL

JUDGEMENT

(1.) In this Writ Petition one under Articles 226 and 227 of the Constitution of India, one Krishna Bhat, owner of petition 'A Schedule properties, has sought for a Writ of certioran or any other appropriate writ or order quashing the order dated 16-11-1981 Annexure-A, passed b/ the 1st respondent-Land Tribunal, Bantwal, granting occupancy right in respect of 'A' Schedule properties in favour of the 3rd respondent-Narayana Gowda

(2.) The matter arises in this way The 3rd respondent made an application on 23-8-1974 to the Land Tribunal, Bantwal, in Form-7 -is required under Section 48A of the Karnataka Land Reforms Act 1961, claiming occupancy right in respect of Sy No 8/9A of Vittal Padnur Village of Bantwal Taluk belonging to one Mahalinga Bhatta as could be seen from the entry made in the General Daily Register (GDR) at SI No 4712 In the year 1980, the 3rd respondent appeared to have filed a copy of Form-7 application said to be the copy of the explication made by him in the year 1974 along with the postal acknowledgment for having sent the application to the Land Tribunal, Bantwal in the year 1974, on the ground that the application made by him was found missing in the Office of the Land Tribunal The Secretary of the Land Tribunal forwarded an extract of the entry made in the GDR relating to the application made by the 3rd respondent on 23-8-1974 and the copy of the application and acknowledgment filed by the 3rd respondent to the Secretary, Additional Land Tribunal, Bantwal, on 3-9-1980 with a request that if the application made by the 3rd respondent was not found in the Office of the Additional Land Tribunal, the copy of the application forwarde may be considered and entered in the GDR The Additional Special Tahsildar, Land Reforms, Bantwal, forwarded the same to the I Division Surveyor Ujjappa for measurement and report on 14-11-1980.

(3.) Surveyoi on receipt of the papers from the Additional Special Tahsildar, issued notice to the parties on 21-1-1981 directing them to be present on the spot on A-2-1981 for measuring the land The surveyor in the course of measuring the land, recorded the statement of the parties, measured the lands pointed out by the 3rd respondent as the lands ciaimed by him for registration of occupancy right, prepared a sketch and a report and submitted the report along with the sketch and the statement of the parties recorded, to the Special Tahsildar Thereaftei, the case was set down for enquiry by the IV Addl Land Tribunal, Bantwal