BHAGWANTHARAYA NAGAPPA BIRADAR (SINCE DECEASED) BY HIS LRS AND OTHERS Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) Order dated 21.09.2007, passed by the learned single Judge dismissing the writ petition has been called in question in this writ appeal.

(2.) Appellant herein filed the Writ petition challenging order dated 16.10.1981 passed by the Land Tribunal, Jewargi, thereby holding that total extent of holdings of the declarant was 91 acres 9 guntas and therefore excess land over and above 54 acres had to be surrendered. The declarant Nagappa's family consisted of five members and therefore the Tribunal held that he was entitled to hold 10 units i.e. 54 acres of dry land. The declarant was therefore, required to surrender the excess land.

(3.) A perusal of the impugned order passed by the tribunal would further disclose that there was already an order passed determining the surplus land and declarant was given a notice on 21.08.1980 requesting him to furnish statement showing the particulars of lands to be surrendered and declarant had agreed to give particulars of lands to be surrendered within three days. If that was so, there was no need for the tribunal to again determine the extent of holding of the declarant. Be that as it may, perusal of the records made available before us makes it clear that tribunal has not examined the details of the members of the family, how much extent of land the family was entitled to hold having regard to the total number of members of the family, their age and entitlement.