B KARIYAPPA Vs. LAND TRIBUNAL BHADRAVATHI

JUDGEMENT

(1.) In these petitions under Articles 226 and 227 of the Constitution, the petitioners have sought for a declaration that the endorsement dated 3rd March 1988 bearing No. B.S. Application 67/88 issued by the Circle Inspector of Police, Bhadravathi (Annexure-C) is illegal and without jurisdiction.

(2.) By the aforesaid impugned endorsement, the Circle Inspector, Bhadravathi has directed the petitioners not to enter upon the land bearing S.No. 91 measuring 2 acres 34 guntas of Koppa Village as the Land Tribunal has recorded a finding in favour of resptondent -3 while rejecting the application filed in Form No. 7 by the petitioners and his possession is also supported by the entries in Record of Rights. The endorsement is as follows : <IMG>JUDGEMENT_365_KANTLJ3_1988Image1.jpg</IMG> <IMG>JUDGEMENT_365_KANTLJ3_1988Image2.jpg</IMG>

(3.) It is urged on behalf of the petitioners that the order dated 15-9-1987 passed by the Land Tribunal, Bhadravathi in No. KLR. MA 2582/74-5, 255/71-5 and INA. 32/83-84 (Annexure-B) rejecting the application filed by the petitioners in Form No. 7 is challenged in the appeal before the Land Reforms Appellate Authority and the appeal is still pending; that it is not open to the Circle Inspector of Police or any Police Officer to exercise the power of a Civil Court or of a Land Reforms Appellate Authority to issue an order of injunction restraining the petitioners from entering into the land in question as such it is contended on behalf of the petitioners that the endorsement issued is without jurisdiction.