MALAKARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER has sought for quashing the order dated 29-1-2004 passed by the 2nd respondent - Land Tribunal, Raibag at Annexure C and for such other orders.

(2.) ACCORDING to the petitioner, her father namely Malkari Devappa pudalkatti was personally cultivating the agricultural land in Sy. No. 3 to the extent of 11 acres on the southern portion of the same which was in all, measuring 22 acres situate at alakanur Village of Raibag Taluk, belgaum and he has also filed Form 7 for granting occupancy rights. The land Tribunal, Raibag and granted occupancy rights to the father of the petitioner on 20-1-1979. The said order was challenged by the 4th respondent before this Court in WP 40056/1993 and this Court remanded the matter to the Tribunal for fresh disposal. According to the petitioner, her grand father was cultivating the land and was in possession of the land in question and after his death, her father was cultivating and on the death of her father, she being the legal heir of the deceased Malkari, she also is cultivating the land in support of which RTC extracts for the year 1980-81 is produced at Annexure-A.

(3.) FURTHER according to the petitioner, the 4th respondent has clearly stated before the Tribunal that petitioner's father was cultivating and he was in possession of the land in question and that he has no objection for grant of occupancy rights. However, according to the petitioner, on remand the Land Tribunal granted occupancy rights to third respondent on 29-1-2004 only on the ground that the petitioner's father had executed a Will in favour of the 3rd respondent as such, claim of the petitioner had been rejected by the said order. Hence, this petition.