BASAPPA Vs. LAND TRIBUNAL BAGALKOT

JUDGEMENT

(1.) This writ appeal brought on behalf of a land-holder arises out of proceedings under S.48A of the Karnataka Land Reforms Act, 1961, hereinafter called the Act. initiated on the application of Umalappa, the third respondent, for grant of occupancy right in respect of 4 acres 1 gunta of agricultural land comprised in Survey No.66/B of Hiregulbal village of Bagalko Taluk in the District of Bijapur.

(2.) Before the Tribunal, the third respondent admitted that he was not personally cultivating the land since about four vears before the date of his examination before the Tribunal. The Tribunal held that the second respondent Sagarappa was cultivating .the land personallv after the applicant Umalappa had ceased to cultivate and. therefore. it conferred occupancy right on Sagarappa. It is releyan to state that the second resnondent Sagarappa was not an applicant before the Tribunal for registration of occupancy under S.48A of the Act. Exhibit-B. the certified copy of the order of the Land Tribunal does not show that Sagarappa had made any application and that he was a party to the proceedines.

(3.) The order of the Tribunal was challenged before this Court by the land-holder Basappa in WPNo.6539 of 1976 which came up before Bhimiah. J., for preliminary hearing. The learned Single Judge reiected the petition at. that state itself without dealing with the main Pround urged in the writ petition. The main around urged in the writ. petition was that the Tribunal had no jurisdiction to grant occupancy right to a person who had not made an application to the Tribunal. Grounds 1 and 2 in the writ petition read thus :