BABURAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ petition is filed by the petitioners under Articles 226 and 227 of the Constitution of india with a prayer to issue writ of certiorari to quash the order dated 17-11-1982 passed by respondent 2 in case No. LRF/233, 234 and 235 of 1976-77 vide Annexure-A.

(2.) BRIEF facts leading to this case are that the petitioners herein have filed application Form 7 under Section 48-A of the Karnataka Land Reforms Act for grant of occupancy rights in respect of land survey No. 15 measuring 20 acres 38 guntas situated at Janapur village, Basavakalyan taluk, Bidar District. Their application came to be rejected by an order dated 21-10-1976. Aggrieved by the said order the petitioners preferred Writ Petition Nos. 22406 to 22408 of 1980 before this Court. This Court, by its order dated 25-6-1981 quashed the aid order and remanded the matter to the Land Tribunal for fresh disposal in accordance with law. After the remand the land Tribunal issued notices to the parties and conducted fresh enquiry and on 17-11-1982 the tribunal again rejected the claim of the petitioners in Case No. TBK/lrf/233, 235 and 234 and 1976-77. Against this order the petitioners have filed Writ Petition No. 10057 of 1986 challenging the order dated 17-11-1982 passed by the respondent 2-Land Tribunal, basavakalyan, in case No. TBK/lrf/233, 235 and 234 of 1976-77 whereby the Land Tribunal rejected the claim of the petitioners for grant of occupancy right and further it has held that the land does not vest with the Government. During the pendency of the said writ petition the karnataka Land Reforms Act was amended constituting the District Land Reforms Appellate authorities in the State. Therefore, the said writ petition was transferred to the District Land reforms Appellate Authority, Bidar, and renumbered as BDAT. KLRA (W ). 2/89. Thereafter, due to non-functioning of the Appellate Authority at Bidar the said case came to be transferred to the appellate Authority at Gulbarga. Again, during the year 1990 the Karnataka Land Reforms Act was amended by abolishing the District Land Reforms Appellate Authorities in the State. Therefore, the petitioners have filed Civil Petition No. 299 of 1992 praying this Court to convert the appeal pending before the Appellate Authority into writ petition. The Civil petition came to be allowed and accordingly the appeal came to be converted into this writ petition.

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