RAMAKANTHA RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner filed application in Form No. 7a under the provisions of Section 77a of Karnataka Land Reforms Act, praying for grant of occupancy rights over the lands bearing Survey Nos. 191/1, 216/1 and 217/1, measuring 2 acres 5 guntas, 2 acres 8 guntas and 2 acres 22 guntas respectively, situated at Chikkamaralavadi village.

(2.) THE application came to be dismissed by the Assistant commissioner in respect of Survey Nos. 216/1 and 217/l and whereas, the application in respect of Survey No. 191/1 was allowed Challenging the rejection of the application in respect of Survey Nos. 216/1 and 217/1, the petitioner herein filed Appeal No. 674/2002 before the karnataka Revenue Appellate Tribunal, Bangalore. The appeal came to be dismissed by the order dated 28th March 2003. Hence, this writ petition is filed,

(3.) THE orders of both the authorities below in so far as they relate to the rejection of the application filed by the petitioner in respect of Survey Nos. 216/1 and 217/1, are against the material on record. Both the authorities below have reasoned that the entries in the revenue records did not stand in the name of the petitioner immediately prior to 1. 3. 1974 and that therefore, he is not entitled for grant of occupancy rights. This reasoning is not only illegal, but also perverse under the facts and circumstances of the case.