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Judgment
This appeal is filed against the judgment of learned Single Judge dismissing writ petition No.31857 of 2009. In the writ petition, the prayer
sought by the appellants was for conduct of joint verification of 2 hectares of property comprised in Mularingady range and to take further
proceedings for assignment of the land in their favour.
In the judgment under appeal, the learned Single Judge found that there was no material at all to accept the case of the appellants that they are in
possession of the property in question, entitling them for a joint verification and for eventual assignment. It is this finding, which is attacked before
us.
We heard the counsel for the appellant and the learned Government Pleader appearing for the respondents.
The assignment of the property sought for by the appellant could have been claimed by them only if they established continued possession
atleast prior to 1.1.1997. In so far as this case is concerned, the case of the appellants that they were in possession of the property from 1967
onwards and have been cultivating the land, has already been negatived by the Civil Court in the judgment in O.S. No.358 of 1979, which finding
was upheld by this Court in the second appeal. Secondly, it is also an admitted case that for unauthorised occupation of forest lands, the
predecessors of the appellants were evicted from the land in question on several occasions and criminal cases were also registered against them.
This, therefore, shows that the appellants could not establish possession prior to 1.1.1977 which is a primary fact to be established to sustain a
claim for assignment of land. When that primary fact has not been established, the appellants could not have sustained their claim for assignment
and in such situation, they could not have sought a joint verification of the property.
In that view of the matter, we do not think that the learned Single Judge has committed any illegality in negativing the claim of the appellants and
dismissing the writ petition. Appeal fails and the same is dismissed.