K V SESHAGIRI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) UNSUCCESSFUL Inamdar of land has come up with writ appeal, under Section 4 of the Karnataka High Court Act, 1961, to set aside the order dated 26. 7. 2004 passed by the learned Single Judge of this Court in Writ Petition No. 22692/1998 and to restore the order of land Tribunal dated 19. 5. 1998.

(2.) THE brief facts of the case are that husband of third respondent i. e. , late Chotusab filed Form No. 7 before the Land Tribunal in the year 1976 claiming occupancy rights in respect of land bearing Sy. No. 64 to an extent of 1. 32 guntas of Kowdenahalli Village on the basis of lease deed i. e. , guttige Kararu is said to have been executed in the year 1957 in favour of one KG. Venkoba Rao, father of appellant herein, in respect of land in question along with two other lands i. e. , Sy. Nos. 65 measuring 5. 3 guntas and 125/3 measuring 0. 9 guntas of Kowdenahalli Village, Bangalore South taluk. The Land Tribunal conducted the enquiry and by order dated 20. 4. 1979 rejected the claim of Chotusab. The applicant - Chotusab died on 7. 2. 1979 leaving behind his L. R. third respondent herein. Therefore, third respondent being the L. R. , filed W. P. No. 3529 of 1980, before this court questioning the legality of the order of rejection of tenancy claim made by Land Tribunal. This Court had allowed the said petition and remanded the matter to Land Tribunal by order dated 29. 10. 1980 for fresh disposal in accordance with law. Thereafter, the Land Tribunal renumbered as LRF 5526/81-82 and after enquiry, it passed an order dated 31. 10. 1981 granting occupancy rights in favour of the third respondent. Being aggrieved, the appellant's father filed Writ Petition No. 30915 of 1981 before this Court. By order dated 13. 3. 1985, this Court allowed the said petition and again remanded the matter to the Tribunal for fresh consideration on the ground that enquiry contemplated under Rule 17 of the Karnataka Land Reforms Rules, 1974, was not held by the Land tribunal. Thereafter, the matter was again renumbered as LRF Nos. 2813 of 1976 and 3928 of 1971. The Land Tribunal, after considering the evidence adduced by both the parties and after hearing the arguments, rejected the claim of the third respondent herein by order dated 19. 5. 1998. Being aggrieved, third respondent filed Writ Petition No. 22692 of 1998 before this Court. The learned Single Judge of this Court, by order dated 26. 7. 2004 allowed the said writ petition by setting aside the order passed by the Land Tribunal. This Court allowed writ petition and quashed the order dated 19. 5. 1998 and allowed Form No. 7 filed by husband of third respondent and the Tribunal was directed to register the third respondent and other legal heirs of deceased Chotusab as occupants of the land in question and was directed to issue occupancy certificates to them and effect necessary entries in RTC records within a period of three months. Assailing the said order of the learned Single Judge, this writ appeal is filed by the appellant.

(3.) WE have heard the arguments of learned Senior Counsel appearing for the parties. Perused the records.