ASHOK Vs. STATE OF KARNATAKA; LAND TRIBUNAL; GURUNATH

JUDGEMENT

(1.) The unsuccessful petitioner in W.P.No.202638/ 2014 has presented this intra court appeal calling in question the order dated 18.09.2014 of the learned Single Judge.

(2.) Petitioner instituted W.P.No.202638/2014 for a writ or certiorari to quash the endorsement dated 18.12.2013 Annexure-F of the Tahsildar and for a writ of mandamus directing the Land Tribunal, Sindagi to dispose of Form No.7 dated 21.12.1974 filed by the grand father of the petitioner, claiming occupancy rights in respect of agricultural land bearing Sy.No.68/2 measuring 9 acres 12 guntas of Nagavi (KD) village in Sindagi taluk, Bijapur District. It was the assertion of the petitioner that his grand father having made an application in Form No.7 under Section 48 (a) (1) of the Karnataka Land Reforms Act, 1961 for being registered as an occupant of the aforesaid land, the Land Tribunal, though registered the said application, nevertheless did not initiate proceedings. The Tahsildar is said to have issued the endorsement dated 18.12.2013 Annexure-F stating that in his records he did not find Form No.7 in respect of the land in question.

(3.) That petition was opposed by filing joint statement of objections of the State of Karnataka, the Land Tribunal and the Tahsildar, inter alia, stating that after receipt of the copies of the writ petition along with communication letter, on verification from the general register maintained earlier to the village wise register for filing of Form No.7 in respect of the aforesaid land by the grand father of the petitioner, it was found that one Kamanna Basappa Mansunagi filed Form No.7 for the land in question measuring 9 acres 12 guntas. In addition, it is stated in paragraph No.2 that after verifying the general register and having found Form No.7, enclosed as Annexure-R1, the Land Tribunal would consider the said Form No.7 by extending an opportunity to all persons concerned and after holding an enquiry would dispose of Form No.7 in accordance with law.