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Judgment
A.S. Bopanna, J. - The petitioner is before this Court, assailing the action of the respondent in including the property bearing Sy. No. 118/2 also in Form 10 issued by the Tahsildar to the third respondent.
The third respondent had filed an application in Form 7 seeking occupancy right in respect of the property situate in Sy. Nos. 118/7 and 118/2. The Land Tribunal on consideration, through the order dated 6-1-1976 had granted the occupancy right in respect of the property bearing Sy. No. 118/7, measuring 2 acres 27 guntas. The said order is stated to have been attained the finality. The second respondent while issuing Form 10 as per Rule 21 of the Karnataka Land Reforms Rules, 1974 had included the property bearing Sy. No. 118/2 measuring 1 acre 25 guntas also, though in respect of the said land, third respondent had sought occupancy right, it was not granted through the order dated 6-1-1976. It is in that view, the petitioner claiming to be aggrieved is before this Court.
Third respondent though served is not represented.
Heard the learned Counsel for the petitioner and the learned Government Advocate and perused the petition papers.
As evident, third respondent no doubt had indicated two items of the properties bearing Sy. No. 118/7 measuring 2 acres 27 guntas and Sy. No. 118/2 measuring 1 acre 25 guntas both situate in Tadas Village, Shiggaon Taluk. The Land Tribunal order is brief and has granted the occupancy rights only in respect for the property bearing Sy. No. 118/7 measuring 2 acres 27 guntas.
If at all the respondent 3 had any grievance that the occupancy right had not been granted in respect of Sy. No. 118/2 measuring 1 acre 25 guntas, it was for the respondent 3 to assail the order of the Land Tribunal in accordance with law. There is no material available on record to indicate such a course has been adopted. However, when the 2nd respondent-Tahsildar has issued Form 10, the property bearing Sy. No. 118/2, measuring 1 acre 25 guntas has also been included, which would not be justifiable unless the order of the Land Tribunal is modified as indicated above. In that view, the grievance put forth in the instant petition will have to be noticed and appropriate direction is to be issued.
Accordingly, the 2nd respondent is directed to issue notice to respondent 3 calling upon him to surrender the Form 10 which had been issued indicating two items of the properties referred to above. On such surrender, the position be made known to the respondent 3 and Form 10 be issued afresh indicating only the item of property for which occupancy right has been granted under the order dated 6th January, 1976. Such action shall be taken by the 2nd respondent in an expeditious manner on the petitioner furnishing a copy of this order to the 2nd respondent.
The petition is accordingly disposed of.