U T VENKATA RAO Vs. PAKEERA PATALI

JUDGEMENT

(1.) THE petitioner had originally filed an appeal before the Land reforms Appellate Authority, Puttur in No. L. R. A. A. 144 of 1989. The same was transferred to this Court upon a civil petition filed in No. 515 of 1991 subsequent to the abolition of the above said Appellate Authority and therefore the said appeal is now in the form of writ petition before this Court. The impleading application was also filed by the wife and daughter of respondent 1 before this Court while an application to amend form No. 7 was filed by respondent 1 while the appeal was pending on the file of the Land Reforms Appellate Authority.

(2.) I heard the learned Counsel, Sri G. B. Shastry, appearing for the petitioner, the learned Counsel, Sri B. L. Acharya, appearing for respondent 1, the learned High Court Government pleader, Sri S. S. Guttal, appearing for respondents-2 and 3 and the learned Counsel, Smt. Vasudha for Sri G. S. Visweshwara for impleading applicants. I have also perused the records.

(3.) THE brief facts of the case are as follows: That respondent 1 had filed Form No. 7 in two instalments, firstly on 21-5-1976 claiming occupancy right in respect of 50 cents (portion) in S. No. 25/1-B and 20 cents (portion) in S. No. 25/2 of Ubradka Mithoor village and further in respect of what is called Bane land in the northern side of the said survey number (under his enjoyment) and again on 24-7-1976 claiming occupancy right in respect of 2 acres 35 cents in S. No. 26/3 in ubradka Mithoor village of Sullya Taluk. At the first instance by order dated 29-7-1981, respondent 2, land Tribunal, had granted occupancy right to respondent 1 in respect of 1 acre 30 cents in S. No. 26/3-A, 39 cents in S. No. 25/1-B, 4 cents in S. No. 25/2-B and 8 cents in S. No. 287/2, But the same was challenged by the petitioner herein in earlier writ petition in Writ Petition No. 17384 of 1981 and this Court while allowing the said writ petition on 21-2-1983 quashed the impugned order and further directed the Land Tribunal to hold fresh enquiry and pass considered order thereon in consonance with law. Thereafter the Tribunal held the second round of tenancy proceedings after issuing notices to the parties and passed the impugned order dated 11-11-1988, whereby the Tribunal had granted 39 cents in S. No. 25/1-B, 4 cents in S. No. 25/2-B, 8 cents in S. No. 287/2 and 2 acres 35 cents in S. No. 26/3 and the said order is now under challenge before this Court. When the appeal of the petitioner was pending before the appellate Authority, respondent 1 filed an application in I. A. II to amend Form No. 7 to include 8 cents of land in S. No. 287/2. Upon the transfer of the appeal to this Court with the abolition of the Appellate Authority, the wife, Smt. Doomalu and the daughter, K. S. Saraswathi of respondent 1 had also resorted to an I. A. I in the writ petition before this Court to implead themselves as respondents in the instant writ petition on the ground that they are the necessary parties to the writ petition.