Kolla Naik vs Manjamma

Manjunath, J.—The legality and correctness of the order passed in WP No. 19675/2002 dated 7.1.2008 is "called in question in these appeals. Appellant had filed Form No. 7 claiming to be a tenant in respect of 16 items of lands in different survey numbers of Valagere village in Sagar Taluk. Land Tribunal had granted occupancy rights in favour of the appellant by its order dated 5.3.1982. Therefore, respondents had filed writ petitions. Learned counsel having observed that writ petitioners who were the owners as on 1.3.1974 were not arrayed as parties and that Form No. 7 was filed against Padmaiah, Narayanappa and Chennaiah, allowed the writ petitions and remanded the matter to the tribunal, for fresh consideration by giving opportunity to the real owners of the land. This, order is called in question in this appeal.

We have heard the counsel for the parties.

Having heard the counsel for the parties, we do not see any error committed by the learned single Judge in order to interfere with his order for the following reasons: Appellant is not disputing that as on 1.3.1974 Padmaiah, Narayanappa and Chennaiah were not owners and they were vendors of the writ petitioners. If the writ petitioners had purchased the land long prior to the Land Reforms Act has come into force, in all fairness appellant was required to made them as parties. In such circumstances, if the learned single Judge has remanded the matter for fresh consideration, this court cannot interfere with the order of the learned single Judge. Accordingly, these appeals are dismissed.