MALLIKARJUNA SHARMA SHIVACHARYA SWAMYGURUMALLIKARJUNA SWAMY HIREMATH Vs. VISHWANATH BASALINGAPPA HIREMATH

JUDGEMENT

(1.) THIS writ petition is filed to challenge the order dated 7-12-1976/17-12-1976 passed by the respondent 3-Land tribunal, Basavana Bagewadi in case No. TNC. SR. 1027, copy as at Annexure-G to writ petition, whereunder the Land tribunal had granted occupancy right to the contesting respondent 1.

(2.) I heard the learned Counsel for the petitioner-Sri C. S. Kothavale and the learned Counsel appearing for the contesting respondent 1-Sri V. S. Gunjal. The respondent 2-State and the respondent 3-Land Tribunal, Basavana Bagewadi are represented by Sri S. S. Guttal, the learned High Court government Pleader.

(3.) THE learned Counsel for the petitioner has taken me through the facts of the case. As adverted to by him, the same are as hereunder: that the contesting respondent 1 filed Form 7 on 22-11-1974 claiming occupancy right in respect of 45 acres 8 guntas in Sy. No. 658 of Chimmalagi Village of Basavana Bagewadi Taluk, copy as at Annexure-D to writ petition and the said claim was once considered by the Land Tribunal and the same was rejected earlier by it on 10-12-1975 by a considered order in tenancy proceedings in No. TNC. SR. 1/1564, copy as at Annexure-A to writ petition. That the respondent 1 had filed yet again another form 7 on 4-7-1976 claiming occupancy right in respect of the very same land. The copy of the Form 7 filed for the second time is produced at Annexure-F to writ petition. In consideration of the Second Form 7, the Land Tribunal had granted the occupancy right as claimed by the respondent 1 in passing the order dated 7-12-1976 (in English) and 17-12-1976 (in Kannada), copy as at Annexure-G to writ petition.