BAKILANA CHINNAPPA Vs. LAND TRIBUNAL MERCARA

JUDGEMENT

(1.) This writ petition, preferred by the land-holder under Art.2:26 and 227 of the Constn of India, is directed against the order of the Land Tribunal, Mercara taluk, made in Case No.LRF|TNT/156-74-75 dated 4th March 1976, granting occupancy right in favour of Narayana Achari (respondent-2), under Chapter III of the Karnataka Land Reforms Act, 1961.

(2.) The petitioner is a land-holder. He has purchased the agricultural lands comprised in Sy.Nos.l49|l, 149/2 and 116 of Mekeri village, Mercara taluk, in the year 1971, from Babu and Laxmana who were the original land-holders. On 17.12.1974 the second respondent-Narayana Achari made an application in Form No. 7 to the Land Tribunal for grant of occupancy right to him in respect of 2 acres of land comprised in Sy.Nos.l49|l and 149|2 of Mekeri village. In the said application, he stated that he has been a tenant since the year 1972. On receipt of the said application, the Tribunal issued notice to the petitioner-landlord in Form No.9. The said notice, which was produced before me by the petitioner's learned Advocate Sri Bhagavan, states that lands measuring 2.50 acres comprised in Sy.Nos.l49jl and 149/2 of Mekeri village have vested in 'the State Government under Sec.44(1) of the Karnataka Land Reforms Act and the interested parties are required to attend the hearing of the case before .the Tribunal on the day stated in the notice.

(3.) It is relevant to state at this stage itself that neither the application in Form No.7 made by the second respondent nor the notice in Form No.9 issued by the Tribunal to the parties makes any reference to Sy No.116 of Mekeri village. In other words, the second respondent made no claim in respect of Sy.No. 116 of Mekeri village. The Tribunal also did not issue any notice concerning the said land. Before the Tribunal, the parties appeared and were examined. The second respondent-Narayana Achari filed an affidavit before the Tribunal, wherein he affirmed that he is not pressing his claim. A receipt Ext.R.1 for payment of wages as per terms of the agreement to Narayana Achari was produced before the Tribunal.