SHAMBAYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER, questioning the correctness of the order dated 7th July, 2005 passed by the Land Tribunal, Sullia, Dakshina kannada bearing No. LRY No. 89/74-75 vide annexure A in respect of Survey No. 73/7a, measuring an extent of 01 acre 45 guntas, situate at Mupperia village, Sullia Taluk, has presented the instant writ petition.

(2.) THE deceased third respondent-Sri appayya Rai, now represented by his legal representatives 3 (A) to (H) had filed the application in Form No. 7 for registration of occupancy rights in respect of the land in question, as referred above. The application filed by late Sri. Appayya Rai was considered by the Land Tribunal and registered the occupancy rights in his favour by its order dated 30th December, 1988 and the said order has been assailed by the petitioner in writ petition No. 25929/1991. The said matter had come up for consideration before this Court on 24th March, 1997 and the said writ petition filed by petitioner was allowed and the order passed by Land Tribunal, Sullia was set aside and the matter stood remitted back to the Land Tribunal for reconsideration afresh and to take appropriate decision in accordance with law. After remand, the matter was taken up for consideration by second respondent-Land Tribunal on 7th July, 2005 and registered the occupancy rights in favour of de-ceased third respondent-Appayya Rai represented by his legal representatives as referred above, without conducting proper enquiry and without considering the relevant material available on record and without compliance of the directions issued by this Court. Therefore, being aggrieved by the same, petitioner herein is constrained to approach this Court by presenting the instant writ petition, seeking appropriate reliefs, as stated supra.

(3.) I have heard learned counsel appearing for petitioner and learned counsel appearing for respondents.