GANGAPPA YAMAMNAPPA CHALAWADI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER-TENANT, being aggrieved by the order dated 6th July, 1988 passed by the Land Reforms Appellate Authority, Bijapur in proceedings No. LRA (TR)No. 15/1986, has presented the instant LRRP.

(2.) THE grievance of the petitioner in the instant case is that, petitioner was cultivating the land in S. No. 27/2 measuring 08 acres out of total extent of 10 acres situate at Kabnur village in Bijapur Taluk and the deceased-third respondent, now represented by his legal representatives was the landlord on the ground that, the third respondent had leased out the said land to the petitioner herein and that, petitioner has been cultivating the said land and accordingly, has filed Form No. 7 for registration of occupancy rights on 21st November, 1974 as per the amended Karnataka Land reforms Act. The application filed by petitioner had come up for consideration before the Land Tribunal, Bijapur on 23rd September, 1981. The Land Tribunal has rejected the application filed by petitioner holding that, as per M. E. No. 521, dated 25th March, 1975 in kabjedar column No. 9, it is shown as "sarakara" and, therefore, rejected the request of petitioner for registration of occupancy rights. Assailing the correctness of the order passed by the Land Tribunal. Bijapur dated 23rd September, 1981, petitioner filed the Writ petition No. 25385/1981 before this Court. In view of the amendment brought to the karnataka Land Reforms Act and upon constitution of the appellate authority, the said writ petition was transferred to the Land Reforms Appellate Authority, Bijapur and the same was numbered as LRA (TR) 15/1986. The Land Reforms Appellate Authority, after conducting enquiry as envisaged under the relevant provisions of the Kamataka Land Reforms Appellate Authority Rules and after considering the oral and documentary evidence and other relevant material available on file, by assigning cogent and valid reasons, has dismissed the appeal filed by petitioner, by its order dated 6th July, 1988. Being aggrieved by the impugned order passed by the land Reforms Appellate Authority, Bijapur, as referred to above, petitioner-tenant herein felt necessitated to present the instant revision petition.

(3.) WHEN this matter had come up for consideration before this Court on 29th August, 2007,i have heard learned counsel appearing for petitioner and learned counsel appearing for respondents for considerable length of time. At that stage, learned counsel appearing for petitioner submitted vehemently that, the order passed by the Land Reforms Appellate Authority, bijapur cannot be sustained on the ground that, the appellate authority without appreciation of the oral and documentary evidence and the relevant material available on file, has proceeded to pass the impugned order. Further she vehemently submitted that, she herself has gone through the original records on the earlier occasion when the matter had come up for consideration before this Court and that, the said case had been subsequently dismissed for non-prosecution twice on 8th June, 2004 and subsequently, it has been restored to file. In order to ascertain the veracity or otherwise of the submission made by learned counsel for petitioner, this Court directed the learned Additional Government advocate appearing for respondents 1 and 2 to secure the entire original records on the file of the Land Tribunal, Bijapur and on the file of the Land Reforms Appellate Authority, bijapur and posted the matter on 3rd september, 2007. Today, the matter is posted for consideration of the entire original records on the file of the Land Tribunal, Bijapur and Land reforms Appellate Authority, Bijapur, made available by the learned Additional Government Advocate.