KARIYAPPA GOWDA Vs. B NARAYANA BHAT

JUDGEMENT

(1.) THE petitioner herein had filed originally an appeal in No. L. r. a. a. 61 of 1988 before the land reforms appellate authority, puttur. The same was transferred to this court when the said appellate authority came to be abolished and a c. p. in No. 534 of 1991 was filed before this court to call for the records in the appeal. On receipt of the case records in the appeal, the instant writ petition is registered. Therefore, what is before this court is the said appeal in the form of a writ petition.

(2.) I heard the learned counsel Sri k. Vittal shetty for the petitioner and Sri k. s. vyasa rao for the respondent 1 and Sri m. n. ramanjaneyagouda, learned government pleader for the respondents 2 and 3. I have also perused the records.

(3.) THE brief facts of the case are as follows: the petitioner at the first instance had filed form No. 7 on 27-7-1974 claiming occupancy right in respect of 87 cents of land in survey No. 56/6 and 26 cents in survey No. 56/7, both of balila village of sullia taluk and again he had filed yet another form No. 7 on 20-8-1974 by adding yet another extent of land of 1 acre 27 cents in survey No. 56/3 also of balila village. The land tribunal at the first instance after holding an enquiry on both, the said two form No. 7 filed by the petitioner, granted occupancy right in respect of 40 cents of land in survey No. 56/6-a, 24 cents in survey No. 56/6-b, 17 cents in survey No. 56/7-a and 9 cents in survey No. 56/7-b. Having been aggrieved with the said Order, the petitioner herein had filed W. P. No. 8899 of 1977 to challenge the said order and this court while allowing the said writ petition on 25-1-1983 quashed the order therein and directed the land tribunal for fresh disposal of the case in strict compliance of Rule 17 of the land reforms rules.