LHEEMAHAR Vs. LAND TRIBUNAL BAGALKOT

JUDGEMENT

(1.) Holiyappa, the petitioner in W.P. No. 10768|77 claimed occupancy right by making an application dated 21-8-1974 in form No. 7 as required under Section 48A(1) of the Karnataka Land Reforms Act, 1961 (for brief the 'Act') in respect of S.No. 168 1 measuring 4 acres and S. No. 168/2 measuring 5 acres 5 guntas situate in Gaddanakeri village of Bagalkot Taluk in Bijapur District claiming himself to be the tenant of those lands for the past 40 years. Bhimachar, the petitioner in W.P. No. 9667 of 1977 is the owner of S. No. 16811 and the 2nd respondent Krishna- char in W.P. No. 10768/ 1977 is the owner of S.No. 168/2. The 3rd respondent Maliyappa in W. P. No. 10768|77 is said to be the mortgagee in possession of the lands in question.

(2.) The 1st respondent Land Tribunal, Bagalkot, after holding the enquiry, passed the impugned order dated 23-6-1977, a true copy of which is at Ex.H granting the application of Holiyappa in respect of S. No. 168/1 and rejecting the same in respect of S.No. 168|2. Holiyappa, being aggrieved by the order of rejection of his claim in respect of S. No. 168/2 has filed W. P. No. 10768/77 whereas Bhimachar, the owner of S. No. 168 1, being aggrieved by the order granting occupancy right in respect of S. No. 168/1 in favour of Holiyappa, the petitioner in W. P. 10768/77, has filed W.P.NO. 9667/1977.

(3.) Since the matter under consideration in both these writ petitions arises out of the same order, both the writ petitions are taken together for hearing and I propose to dispose of them by this common order.