NARAYAN HANAMANTH MURALI Vs. LAND TRIBUNAL BASAVAN BAGEWADI

JUDGEMENT

(1.) This Writ Appeal is presented against the order of the learned Single Judge allowing the Writ Petition filed by respondent-4 against the order of the Land Tribunal, Basavana Bagewadi, and remitting the matter to the Land Trib.

(2.) The facts of the case in brief are as follow. Respondent No. 4 made an application before the Land Tribunal, Basavan Bagewadi, claiming occupancy rights in respect of 11 acres and 37 guntas of land in Sy. No. 1257/2 of Basavana Bagewadi. The application was resisted by the appellant on the ground that an exemption has been granted in respect of lands leased by persons who were members of the Armed Forces under sub-Section (2) of Section 5 of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as the 'Act') and, therefore, the application of respondent No. 4 could not be granted as he was, under the law, entitled to recover possession for self-cultivation after retirement from the Army. The Land Tribunal accepted the plea of the appellant and rejected the application of respondent-4. Aggrieved by the said order respondent-4 presented the Writ Petition before this Court.

(3.) It is seen from the order of the learned Single Judge and the Annexures produced in the writ petition, that even before the Tribunal rejected the application of respondent-4 for occupancy rights the Special Tahasildar had made an order dt. 26-12-1980 (Annexure-D) in favour of the appellant. By the said order the plea of the appellant that he was entitled to recover possession of the land from his tenant (respondent-4) in view or the exemption granted to the members of the Armed Forces under Section 5 (2) of the Act read with section 15 was accepted and, accordingly, directed respondent-4 to deliver possession of the land in favour of the appellant. The learned Single Judge was of the view that unless respondent-4 challenged successfully the order of the Special Tahasildar (Annexure-D) he could not have any grievance against the order of the Tribunal rejecting his application.