DAJIBA, SRI BAVOOJI AND SRI ABHIMANYU SS/O MARUTI GURAV Vs. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVERNMENT REVENUE DEPT. AND OTHERS

JUDGEMENT

(1.) PETITIONERS , questioning the correctness of the impugned order dated 13th December 2006 bearing No. KLR/OCP/SR/1619+1620+1623 on the file of the Land Tribunal, Khanapur, have presented the instant writ petition. Further, petitioners have sought for a direction, directing the second respondent - Land Tribunal, Khanapur to register the occupancy rights in favour of the petitioners in respect of land bearing Sy. No. 86 measuring 05 acres 03 guntas out of 10 acres 05 guntas situate at Topinakatti village, Khanapur Taluk, Belgaum District.

(2.) IT is not in dispute that, earlier, the father of these petitioners, Sri. Maruti Jayappa Gurava had filed a writ petition before this Court in W.P. No. 19383/1980 assailing the correctness of the order dated 18th May 1979 passed by Land Tribunal, Khanapur. The said writ petition had come up for consideration before this Court on 18th November 1983 and this Court, after hearing both sides, allowed the said writ petition and quashed the order passed by the Land Tribunal, Khanapur in so far as it related to Sy. No. 86 measuring 05 acres and the matter was remitted to the Tribunal to hold fresh enquiry in strict compliance with the requirement of Rule 17 of the Karnataka Land Reforms Rules. After disposal of the said writ petition, the Land Tribunal took up the matter and registered the occupancy rights in favour of the father of petitioners herein by its order dated 17th December 1991. Being aggrieved by the said order, the father of respondents 3, 4 and 5 herein - late Sri. Masnu Jayappa Gurav filed a writ petition before this Court in W.P. No. 30693/1992 and the said writ petition had come up for consideration before this Court on 25th August 1999 and the writ petition filed by the father of respondents 3 to 5 was allowed and the order passed by the Land Tribunal dated 17th December 1991 was set aside and the mater was remitted back to the Tribunal for fresh enquiry and to dispose of the same, in accordance with law, after conducting proper enquiry and after giving proper opportunity to the parties. After remand for the second time, the Land Tribunal took up the matter for re -consideration in compliance of the direction issued by this Court, as referred above. The Land Tribunal, after conducting proper enquiry and after considering the oral and documentary evidence and other relevant material available on file, has registered the occupancy rights in respect of 1/3rd share in favour of petitioners herein, 1/3rd share in respect of respondents 3 to 5 and 1/3rd share in respect of respondents 6 and 7 herein pertaining to Sy. No. 86 measuring 05 acres 02 guntas by its order dated 13th December 2006. Being aggrieved by the impugned order passed by the Land Tribunal, Khanapur, registering occupancy rights only in respect of 1/3rd share in respect of the land in question, petitioners have presented the instant writ petition, seeking appropriate reliefs, as stated supra.

(3.) AFTER careful evaluation of the entire original records available on file, threadbare, it emerges that, the father of petitioners herein, Sri. Maruti Jayappa Gurava had filed the application for registration of occupancy rights in Form No. 7 under Rule 19(1) of the Karnataka Land Reforms Rules and under Section 48 -A of the Karnataka Land Reforms Act on 31st December 1974 in respect of several lands including Sy. No. 86 measuring 05 acres wherein it is specifically referred in the relevant column of Form 7 as, "1/3rd share" in respect of Sy. No. 86. The late fathers of other respondents have also filed Form No. 7 for registration of occupancy rights to an extent of "1/3rd share" only in respect of the land in question. Further, it is significant to note that, the original Form No. 7 filed by the father of petitioners, late Sri Maruti Jayappa Gurava is found at red ink 93 in the original records and it is crystal clear that, he has filed the said application seeking occupancy rights to an extent of 1/3rd share only in respect of Sy. No. 86 and the same is reflected in the relevant column. However, there is some over writing in writing the same in the relevant columns.