LAWS(KAR)-2017-1-142

SHAKUNTALA Vs. STATE OF KARNATAKA

Decided On January 02, 2017
SHAKUNTALA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Sri. Kashinath Rao, S/o Sri. Baswanth Rao Deshmukh, father of the petitioner had filed a declaration, under Sec. 65 of the Karnataka Land Reforms Act, 1961 in the matter of the holding of land at Yangunda Village, Aurad Taluk, Bidar District. After conducting the enquiry, Land Tribunal, Aurad (B) passed a provisional order dated 29.08.1979 vide Annexure-B. On 14.10.1980, a final order was passed vide Annexure-B1 and it was declared that there is surplus extent of 176.28 acres of 'D' Class land.

(2.) Feeling aggrieved the petitioner's father filed W.P. No.1149/1981. As Dist. Land Reforms Appellate Authority was constituted at Bidar, by an order dated 007.1986 petition was transferred to the said Authority and registered as appeal No. BDAT.KLRA/W.38/86-87. Sri. Kashinath Rao having died, the petitioner and other legal representatives got themselves impleaded and prosecuted Appeal No. BDAT.KLRA/W.38/86-87. By an Order dated 05.05.1989, vide Annexure-C, appeal was allowed in part and extent of surplus land which the legal representatives of deceased declarant should surrender was determined at 115 acres and 01 gunta. It was observed that Land Tribunal and concerned authority shall conduct further proceedings as per law.

(3.) Feeling aggrieved, all the legal representatives of deceased Kashinath Rao, which included the petitioner, filed LRRP No.4786/1989. By an order dated 26.06.2001 it was held, that the order passed by Appellate Authority does not suffer from any infirmity. Finding no merit, petition was dismissed. Said order attained finality.