SOMAYYA Vs. STATE OF KARNATAKATD

JUDGEMENT

(1.) THIS is a writ petition filed by the legal representatives of late Kollagonda challenging the order dated 29. 7. 2000 passed by the Assistant Commissioner, Bhatkal whereby the second respondent rejected the Form No. 7 filed by deceased Kollagonda to the remaining extent of 27 guntas of land out of Survey No. 343/1 situate at Koppa village, Bhatkal Taluk. Therefore, assailing the said order he has come up with this writ petition only on the ground that the impugned order is contrary to law and without holding a proper enquiry, rejected the application saying that application filed under Section 77a is not maintainable and the Tribunal is not justified in passing a cyclostyled order which is highly illegal and arbitrary and the Tribunal has not recorded the statement of the parties concerned. Without proper enquiry, the Tribunal rejected the application filed by the L. RS. of late Kollagonda which is illegal and is in violation of the principles of natural justice and Article 14 of the Constitution of India. Hence this writ petition.

(2.) HEARD the learned Counsel for the legal representatives of the deceased petitioner/applicant, learned Counsel for R-3 (a to c) and learned High court Government Pleader for respondent Nos. 1 and 2 and perused the records. During the course of arguments, learned Counsel for the L. Rs. of the deceased petitioner contended that initially Kollagonda, the father of the petitioners filed form No. 7 wherein he has claimed only 20 Guntas of land out of SY. No. 343/1 which was measuring 1 Acre 20 Guntas. Subsequently, he filed an application in Form No. 7a under section 77a of the K. L. R. Act but the Tribunal without holding proper enquiry passed the impugned order, dated 29. 7. 2000 and it is not a speaking order and the deceased Kollagonda who was cultivating the land as a lawful tenant to the extent of 1 Acre 17 Guntas but his claim limited only to an extent of 20 Guntas. Therefore, the Tribunal has granted 20 Guntas of land and he is not debarred from filing a fresh application under Section 77a as he has already constructed a house and he is paying necessary tax and revenue, Therefore, rejection of the application filed in Form No. 7a by the petitioners is a clear violation of the mandatory provisions of K. L. R. Act and Rules and principles of natural justice.

(3.) ON the other hand, learned Counsel for respondent Nos. 3 (a) to (c) contended that since the petitioner has already availed the opportunity by filing an application for grant of occupancy rights to the extent of 7 Guntas, he cannot subsequently file an application for grant of remaining 27 Guntas of land out of SY. No. 343/1 of Koppa village and the Tribunal has rightly rejected the application. Since, the application filed under Section 77a is not at all maintainable, there is no need to hold a detailed enquiry and the Tribunal is right in rejecting the application at the threshold. Therefore, the present writ petition is not at all maintainable.