V CHANDRANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE question involved herein is short but of far reaching effect. It pertains to the jurisdiction of the tribunals constituted under Section 48 of the Karnataka Land Reforms Act, 1961 (hereinafter the 'act' ).

(2.) THE above question has arisen in the context of the order dated 26-3-1997 (Annexure-E) passed by the respondent land tribunal. This order has been passed by the tribunal in the guise of its jurisdiction under Section 48-a of the act. This order pertains to an agricultural land measuring 2 acres 1 gunta of sy. No. 12/2 of gattahalli village, sarjapura hobli, anekal taluk, Bangalore rural district.

(3.) IT is not in dispute that Smt. Sarvamangala and her mother late chennabasamma were owners of the land in question as on 1-3-1974. According to the petitioners, this land was sold by the owners jointly to the predecessor-in-title of the petitioners under a registered sale deed dated 26-2-1988 (Annexure-A) on a representation that it was not a tenanted land. It is a matter of record that the 4th respondent Sri ramaiah filed successive-writ petitions before this court, the last being W. P. No. 26399 of 1974 (dated 20-10-1994) asserting that though he had filed an application in form 7 before the tribunal claiming occupancy right over the land in question within the prescribed period but the tribunal has refused to entertain the said claim on the ground that he had not filed any application as claimed. This court, by a detailed Order, disposed of the said writ petition with a direction to the tribunal that it should record evidence to determine whether the 4th respondent herein had filed any application in form No. 7 in respect of the land in question, permitting the parties to produce necessary evidence in proof of their respective cases. The tribunal, thereafter, held fresh enquiry and as of fact concluded that no application in form No. 7 claiming occupancy was filed by respondent ramaiah. Nonetheless, it has further held and directed that "since the disputed land in sy. No. 12/2 was a tenanted land as on 1-3-1974, it is decided that according to Section 44 of the Karnataka Land Reforms Act, it has to be taken over by the governmerit and the tahsildar is directed to take action under Section 77 of the said act".