HONNAPPA Vs. LAND TRIBUNAL SEDAM

JUDGEMENT

(1.) THIS Writ Petition arises in the background of the provisions of Sections 63,64,65,66,67 etc. , in Chapter-IV of the Karnataka Land Reforms Act, 1961 (for short, the Act ).

(2.) WRIT petitioners are incidentally beneficiaries of the provisions of the Act, particularly Section 77 of the Act, which provides for disposal of surplus lands vested in the state in favour of landless persons belonging to SC/st community subject to certain conditions.

(3.) PETITIONERS, four in number, became beneficiaries of and one such grant order dated 20. 1. 1977, said to have been passed by the Land Tribunal, sedam as a sequel to its order dated 11. 10. 1976, by which the tribunal had determined a surplus holding of about 175 acres 15 guntas of land as a result of its proceedings in No. LRY/dec/553/74-75 etc. While passing the order in these four cases, the tribunal, it appears, clubbed together the declarations filed by one Syed Barker Hussain with the declarations filed by his kith and kin and had taken that the four declarants together constitute one family and had determined surplus holdings on such premise. The order of the tribunal had been questioned by the declarants by filing WP Nos. 5587-91 of 1977, amongst which, the writ petition of the present third respondent figured as WP No. 5588 of 1977. In terms of order dated 28. 3. 1983, this Court allowed this writ petition, set aside the order of the tribunal for not having followed due procedure and remanded the matter for fresh disposal in accordance with law.