MALLAPPA BHIMANNA Vs. LAND TRIBUNAL SINDAGI

JUDGEMENT

(1.) On a reference made by Venkatesh, J. this writ petition is posted before us for disposal.

(2.) On 21-8-1974, the petitioner filed an application under S. 48A(1) of the Karnataka Land Reforms Act, 196! (hereinafter referred to as 'the LR. Act') in Form No. 7 before the Land Tribunal, Sindgi, (hereinafter referred to as 'the Tribunal', praying fur conferment of occupancy rights in the land bearing S.No.512, measuring 9 acres and 15 guntas, situated in Devanagaon village, Sindgi Taluk, Bijapur District. In his application, the petitioner asserted that he was cultivating the land from 1964-65 as a tenant of respondent No. 2. As required by Rule 19 of the Karnataka Land Reforms Rules, 1974, the Tahsildar, on verification of the particulars mentioned in the application with reference to the entries in the Record of Rights, stated that the petittoner was cultivating the land from 1964-65 and was therefore entitled for grant of occupancy rights over the land. On the overleaf of the application, the Tahsildar has appended a Note as under :

(3.) The Tribunal, by its order dated 22-4-1976, rejected the application of the petitioner principally on the ground that in view of the agreement to sell, the leasehold or tenancy rights stood extinguished or merged and therefore he was not entitled for conferment of occupancy rights. In this petition under Art.226 of the Constitution, the petitioner has challenged the above order of the Tribunal (Ext. C).