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High CourtsSingle Bench(2011) 11 KAR CK 0281

Shri. Sakappa Gowda vs The Land Tribunal and Others

Karnataka High Court · Decided on 2 November 2011

HON’BLE JUDGES
Ajit J. Gunjal, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 18394 of 2011

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Judgment

8 paragraphs · 364 words

Ajit J Gunjal

The subject matter of this writ petition is only an extent of 20 guntas in Survey No. 17. The petitioner claims that he makes an application for grant of occupancy rights in respect of 1 acre 21 guntas in Survey No. 17 of Konadasapura Village It is not in dispute that the petitioner has made an application for grant of occupancy rights in respect of other lands also.

2.

The learned counsel for the petitioner submits that excluding 1 acre and 20 guntas in Survey No. 17. the occupancy rights have been granted in respect of other lands.

3.

I have heard the learned Counsel for the petitioner and the respondents

4.

The records were summoned to ascertain whether there is an application for grant of occupancy rights in respect of Survey No. 17 to an extent of 1 acre 27 guntas. The records would disclose that indeed an application is made in Form No.7 for grant of occupancy rights to an extent of 20 guntas in Survey No. 17 and not 1 acre 21 guntas as claimed by the petitioner. Indeed, the observation made by the Tribunal is that the petitioner makes a statement before the Tribunal indicating that he has not made an application in Form no.7 in respect of Survey No. 17. Another reason given by the Tribunal that the land is fully developed. Apparently, the observation made by the Tribunal that there is no claim in respect of Survey No. 17 is concerned, is belied by the original records. I am of the view that the matter requires reconsideration at the hands of the Tribunal. Hence, the following :-

ORDER

The petition is allowed. The impugned order insofar as Survey No. 17 is concerned, is set aside. The matter stands remitted to the Land Tribunal for fresh disposal in accordance with law. The claim of the petitioner is to be confined only to an extent of 20 guntas as claimed by him in Form No.7. The Tribunal shall also consider whether the developed area in Survey No. 17 is done after due process of law.

Rule is issued and made absolute to the extent as indicated above.