SRI S.J. NARAYANA MURTHY, AGED ABOUT 62 YEARS, S/O. LATE JAYARAMAIAH, R/AT SUGGATTA VILLAGE, JALA HOBLI BENGALURU NORTH TALUK, BENGALURU Vs. THE SPECIAL LAND ACQUISITION OFFICER/AUTHORISED OFFICER DISPOSAL OF 7(A) CASES, VISVESHWARAIAH TOWER, BENGALURU

JUDGEMENT

(1.) This writ petition is filed challenging the order dated 29.09.2016 passed by the Karnataka Appellate Tribunal, Bengaluru, in Appeal No.716/2009 thereby allowing the appeal filed under Sec. 118(2) of the Karnataka Land Reforms Act (for short, 'the Act') and setting aside the order dated 24.04.2009 passed by the Assistant Commissioner/Special Land Acquisition Officer, Bengaluru, in case No. LRF (7A) 77/99-2000. The Assistant Commissioner had allowed the application filed by the petitioner under Sec. 77A of the Act in Form No.7A seeking grant of an extent of 1 acre 37 guntas of land comprised in Sy. No. 13 as tenant in occupation of the same.

(2.) Facts involved in the case, stated in brief, are that father of the petitioner one Jayaramaiah v/as cultivating the land bearing Sy. No. 13 measuring 5 acres 31 guntas situated at Suggatta Village, Jala Bhobli, Bengaluru North Taluk as tenant under one Dibhugiriyappa. As per Sale Deed dated 11.11965, the said Dibhugiriyappa sold an extent of 3 acres 32 guntas of land in favour of Jayaramaiah. It is urged that Jayaramaiah continued as tenant in respect of remaining extent of 1 acre 37 guntas of laird. Jayaramaiah, father of the petitioner herein did not choose to file any application seeking grant of occupancy rights as per the provisions of the Act. However, after the death of Jayaramaiah and on 29.01.1999, an application in Form Wo.7A as per Sec. 77A of the Act was filed by the present petitioner, son of Jayaramaiah claiming grant of 1 acre 37 guntas of land asserting that it stood vested in the State Government as his father and subsequently himself was the tenant of the same.

(3.) On 24.04.2009, the Competent Authority has passed an order vide Annexure-B granting an extent of 1 acre 37 guntas of land in favour of petitioner holding that he was the tenant of the same. The Assistant Commissioner has found that tax paid receipts disclosed that tax was paid in respect of entire land by Jayaramaiah including the land in question. He has further concluded that owner of the land/respondent Nos.2 to 6 herein did not produce any documents to show that Jayaramaiah or his son/petitioner herein had been dispossessed from the land in question by adopting; due process of law. The competent authority, therefore, came to the conclusion that applicant before him was in possession of land in question since 1959 and continued to be in possession till 1998 which was the relevant year for the purpose of grant of land under Sec. 77A of the Act.