DADIMA AND OTHERS Vs. LAND TRIBUNAL AND OTHERS

JUDGEMENT

(1.) The petitioners, who are claiming to be the Legal Representatives of Smt. Khajabee, the original owner of the property in question, filed the present writ petition challenging the order passed by the Land Tribunal dated 08.10.1976, as per Annexure-A.

(2.) It is the contention of the petitioners that, one late Basalinganagowda has made an application for grant of occupancy rights in respect of 1 acre 10 guntas in Old Sy.No.261 of Koppal village, Koppal Taluk and District, subsequently resurveyed as Re- sy.No.205/A, measuring 3 acres 10 guntas and the original owner was in possession and enjoyment of the property in question. After the death of the original owner, the present petitioners were in possession and enjoyment of the said property. They further contended that, though Basalinganagowda, the father of respondents 3 and 4 never cultivated the land and he was not a tenant. In spite of the same, the Tribunal, without considering the material on record, proceeded to grant occupancy rights in favour of the father of the respondents 3 and 4 to an extent of 1 acre 10 guntas. Hence the petitioners are before this Court.

(3.) Sri. Gularaddi, learned Counsel for the petitioners contended that the impugned order passed by the Land Tribunal granting occupancy rights is arbitrary and contrary to law, and the late Basalinganagowda never cultivated the land as tenant and no documents were produced before the Tribunal for granting of occupancy rights, and the material on record clearly discloses that the property belongs to the petitioners and they are in possession and enjoyment of the same and the impugned order passed by the Land Tribunal is without giving an opportunity to the petitioners and therefore, he sought to quash the impugned order passed by the Land Tribunal by allowing the writ petition.