HANAMAPPA RAMAPPA KHAJAGAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER-HANAMAPPA Ramappa Khajagal is before me challenging the Land Tribunal, hungund denying occupancy rights in terms of its order dated 9-7-2002 (Annexure-H ).

(2.) PETITIONER and his family members are tenants and are in actual possession of agricultural lands in Survey Nos. 6 and 74 situated at Waragodadinni, Hungund Taluk, Bagalkot District, measuring 1 acre 5 guntas and 13 acres 25 guntas respectively. Their family holds these lands as tenants since the time of their father. After the death of their father during 1973, petitioner being the eldest son along with his two brothers, constituting Joint Hindu Family, continued to cultivate as members of the joint family. Respondent 4 is the rival claimant in respect of the land in question. Respondent 4 filed Form 7 claiming grant of occupancy rights only to the extent of 4 acres 5 guntas in Sy. No. 74 and 1 acre 4 guntas in Survey No. 6. Both the claims were clubbed in the light of the order passed in L. R. R. P. No. 5637 of 1998. After clubbing, evidence was recorded. Matter was heard. After hearing, Tribunal has chosen to pass an order on 9-7-2002. In the said order, Tribunal has chosen to reject both the claims of the petitioner and respondent 4. Respondent 4 has not chosen to challenge the said order passed by the Tribunal. Only the present petitioner has chosen to challenge the said order of the Tribunal dated 9-7-2002 in this petition,

(3.) ON receipt of notice, statement of objections was filed. In the statement of objections respondents would support the order. A rejoinder is also filed by the petitioner. State government has also chosen to file an affidavit supporting the order of the Land Tribunal.