VISWANATHAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Being aggrieved by the order dated 1-1-1988 passed in L.R.A.A.R.A. No. 398 of 1986 on the file of the Land Reforms Appellate Authority, Hassan District, dismissing the appeal and confirming the order passed by the Land Tribunal, Channarayapatna, in Land Reforms Appeal No. 256 of 1979-80, dated 6-3-1986, the petitioner preferred this petition.

(2.) The brief facts of the case are that the land bearing Survey No. 59 measuring 1.06 guntas situated at Mallasetty Rally village has been in possession of his family right from his grand father's time. His grand father was a tenant in respect of the said land and the tenancy rights are inherited by the appellant. The said land was endowed to Basaveswara Devaru, the respondent 3 herein. His grand father was offering poojas as an archak and after his death the father of the petitioner became the archak. Subsequently, the petitioner has been the archak and he has been offering poojas on all auspicious days and in connection with the procession of the deity, etc. He has also been offering poojas to the chariot during the jatra time. The petitioner consequent upon the vesting of the inam lands in the State of Karnataka submitted an application to the Special Deputy Commissioner for Inams' Abolition, Hassan District for registration of occupancy rights in respect of the said land as per the application dated 2-6-1981. Consequent upon the amalgamation of the Karnataka Land Reforms Act, the appellant presented an application for registration of occupancy rights in Form No. VII before the 2nd respondent as per application dated 28-6-1979. It is further the case of the petitioner that the respondents have nothing to do with the land in question. However, he also submitted an application for registration of occupancy rights. The Land Tribunal (2nd respondent) rejected the application of the-appellant and allowed the application of Ningappa the 4th respondent herein, as per the order dated 28-9-1981 passed by the 2nd respondent. That order was questioned by the petitioner in Writ Petition No. 2296 of 1982 on the file of this Court which came to be allowed remitting the matter back to the 2nd respondent to hold another enquiry as required under Rule 17 of the Karnataka Land Reforms Rule and to dispose of the application according to law.

(3.) It is contended that the 2nd respondent without following the direction of this Court, rejected the application of the petitioner and confirmed the order of the Special Deputy Commissioner of Inams' Abolition granting occupancy rights in respect of the land in question in favour of the 4th respondent. The petitioner once again approached the High Court in Writ Petition No. 8449 of 1986 (LR) and the said writ petition was allowed transferring the case to the 6th respondent for disposal according to law, in view of the constitution of the Appellate Tribunal. The Appellate Tribunal dismissed the appeal on 1-1-1988. The said order is questioned in this revision petition.