NIRMALA Vs. CHANDAYYA POOJARI

JUDGEMENT

(1.) In these writ petitions, petitioners are calling in question the order dated 16.02.2012 passed by the Land Tribunal, Moodabidare, Mangaluru Taluk, thereby allowing the interim application filed by the tenant-respondent No.1 herein seeking amendment of Form No.7 filed by him.

(2.) The dispute raised in these writ petitions has got a checkered history. Respondent No.1 herein claimed as tenant of certain lands. He filed Form No.7 under Section 48-A(1) of the Karnataka Land Reforms Act, 1961 (for short, 'the Act'), seeking grant of occupancy rights in respect of four survey numbers viz., (1) Sy. No.23/4 measuring 85 cents; (2) Sy. No.23/7 measuring 17 cents; (3) Sy. No.22/4 measuring 66 cents; and (4) Sy. No.138/2 measuring 52 cents, all situated at Hosabettu village of Karkala Taluk, Mangaluru District. He claimed that he was cultivating the lands in question for the last more than 50 years.

(3.) The Land Tribunal held an inquiry and passed order dated 24.09.1981 granting occupancy rights in respect of all the aforesaid lands including another Sy. No.138/1B measuring 80 cents, which was not mentioned in Form No.7 and in respect whereof, claim for grant of occupancy rights was not mentioned.