KARNATAKA BOARD OF WAKFS Vs. LAND TRIBUNAL

JUDGEMENT

(1.) THE petitioner-Board of Wakfs, assailing the correctness of the impugned order dated 9/6/1977 passed by the Land Tribunal, Gulbarga in proceeding No. LRA:207:76-77 granting occupancy rights in favour of one Sri. Habeeb Sarkar in respect of lands in Sy.No. 102 measuring 32.13 guntas of Shaik Roza and Sy. No. 116 of Mahagaon village to an extent of 21 acres 27 guntas under Section 45(2)(ii) and an extent of 3 acres 01 guntas vests in the State Government and shall be disposed off in the manner provided in Section 7 of K.L.R. Act, has filed a writ petition before this Court in WP No. 19590 of 1982. When the said writ petition was pending adjudication before this Court, in view of the amendment to the Land Reforms Act, the said petition has been transferred to the Land Reforms Appellate Authority Gulbarga by order dated 23rd July, 1986 and it has been renumbered as LRA:947:1986. During the pendency of the said matter before the Land Reforms Appellate Authority, Gulbarga, in view of the subsequent amendment to the Land Reforms Act, the constitution of the Land reforms Appellate Authority has been abolished and parties were permitted to file a Civil petition before this Court under Section 17 of the Amended Act, 1990. Accordingly, petitioner has filed a Civil petition before this Court in No. 9772 of 1991, which was converted into the instant writ petition.

(2.) I have heard learned Counsel appearing for petitioner, learned Government Pleader appearing for respondents-1 and 2 and learned Counsel appearing for respondents-4 (A,B and D) and other respondents served and unrepresented.