MAHADEVAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER has sought for to quash the order passed by the Land Tribunal. Gulbarga on 31-8-1977 vesting the land in Sy. No. 170/2 measuring 19. 28 acres of Jogur village, in the Government thereby rejecting form 7 filed by the 3rd respondent and also on the ground that no notice has been issued to the vendor of the petitioner one Rachaiah matapathi (alias Swamy) and only by issuing notice to one Venkata Rao - 4th respondent who had sold the property in favour of the vendor of the petitioner in the year 1967.

(2.) ACCORDING to the petitioner, property in sy. No. 170/2 is measuring 19. 28 acres originally to one Venkata Rao who was in possession and cultivation and from him this Rachiah swamy had purchased the property during 1967. Originally the vendor of the petitioner had filed WP 5091/1980 challenging the order of the Land Tribunal vesting the land in question in the Government by order dated 31-8-1977 on the ground that the said order is being passed without hearing him and without notice to him and also without impleading him as a party by virtue of the sale deed in his favour dated 29-4-1967.

(3.) DURING pendency of the writ petition, since the Land Reforms Appellate Authority was constituted, the matter stood transferred to the appellate authority and it was numbered as LRA 45/1986 and once again on such abolition of the appellate authority, matter stood transferred to this Court. On filing of the Civil petition 10328/1991 seeking for conversion of the appeal and the same was allowed. In the meanwhile, it transpires on the expiry of the original petitioner Rachaiah Swamy, his son Kasinath sold the property to the present petitioner. An application was filed by one mahadevappa to come on record before the appellate authority since he had purchased the property on 30-4-1984. However, the said application was pending consideration. It appears Mahadevappa had filed a Civil Petition on the strength of the sale deed purchased and also getting himself impleaded in the appeal before the Land Reforms Appellate Authority to come in the place of Rachaiah Swamy. Since the application is pending consideration, the same is allowed. Permitted to amend cause title. The name of Mahadevappa be indicated as petitioner in the place of Rachaiah Swamy.