JULIEBAI Vs. TAHSILDAR

JUDGEMENT

(1.) THE petitioner is the owner of the land bearing Sy. No. 3/1 measuring 7 guntas 8 annas of Honnavar, U. K. District. The 3rd respondent had made an application, seeking grant of occupancy rights to an extent of 3 guntas of land from out of the aforesaid 7 guntas 8 annas of land. The Land Tribunal, by its order dated 17. 9. 1985 rejected the application on the ground that the land in question is not an agricultural land. The petitioner challenged the said order before this court in W. P. 20771/1993. This court by order dated 22. 11. 1996 rejected the said writ petition holding that the land in question is situated within the city municipal limits of Honnavar and that it is not a 'land' as defined under the Karnataka Land Reforms Act. The 3rd respondent filed an appeal challenging the said order before this Court in W. A. No. 92/1997, which was also dismissed on 21. 09. 1998. The Division bench has held thus:

(2.) THEREAFTER, the petitioner filed an application before the Deputy commissioner, U. K. District, Karwar, u/s 130 of the KLR Act for summary eviction of the 3rd respondent from the land in question. The said application was transferred to the Tahsildar, Honnavar, who has passed an order dated 22. 2,1999 at Annexure-E, rejecting the application on the ground that he has no jurisdiction to entertain the same. An appeal filed against the said order was also dismissed by the Deputy Commissioner, U. K. District, as per Annexure-F dated 1. 7. 1999. The petitioner has questioned the validity of the order of the Tahsildar at Annexure-E and the order of the Deputy Commissioner at Annexure-F in this writ petition.

(3.) I have heard the learned counsel for the parties and perused the material placed on record.