Siddanagouda and Others vs The State of Karnataka and Others

B. Manohar, J.—1. The petitioners in this writ petition have sought for direction to the respondent No. 2 to take up Form No. 7 filed by Satayya Veerabasayya Hiremath in respect of the land bearing survey No. 119 measuring 9 acres 22 guntas situated at Baada village and grant occupancy rights in favour of them.

The grievance of the petitioners in the writ petition is that, petitioners 1 to 3 are the grand sons of Satayya Veerabasayya Hiremath who is the brother of petitioner Nos. 4 to 6. The said joint family is a tenant of land bearing Sy. No. 119 measuring 9 acres 22 guntas and the land bearing Sy. No. 27 measuring 1 acre 21 guntas situated at Baada village, Dharwad District. The mutation entry for the years 1957-58 show the said fact. In view of coming into force of the Karnataka Land Reforms Act, the eldest member of the joint family i.e. Satayya Veerabasayya Hiremath, filed an application in Form No. 7 claiming occupancy rights in respect of land bearing Sy. No. 119 measuring 9 acres 22 guntas and land bearing Sy. No. 27 measuring 1 acre 21 guntas. In the meanwhile, in view provisions of Karnataka Certain Inam Abolition Act, the said Satayya Veerabasayya Hiremath as well as petitioners 4 to 6 filed an application in Form No. 1 before the Land Tribunal for grant of occupancy rights in respect of land bearing Sy. No. 119, measuring 9 acres 22 guntas. The said application came up for consideration before the Land Tribunal and the Land Tribunal by its order dated 25-11-1981 granted occupancy rights under the provisions of Karnataka Certain Inam Abolition Act, in favour of Satayya Veerabasayya Hiremath. Thereafter, on 26-12-1981, Form No. 7 filed by the Satayya Veerabasayya Hiremath was taken up for consideration. Since the occupancy rights was granted in respect of land bearing Sy. No. 119 measuring 9 acres 22 guntas, the Land Tribunal granted occupancy rights in respect of 1 acre 21 guntas in Sy. No. 27 of Baada village.

The owner of the land in question being aggrieved by the order dated 25-11-1981 and also order dated 26-12-1981 passed by the Land Tribunal filed W.P. No. 11438/1982 challenging the same on various grounds contending that the Land Tribunal has no jurisdiction to pass the order impugned. In the meantime, in view of establishment of the Land Reforms Appellate Authority at Dharwad, the writ petition filed before this court was transferred to Land Reforms Appellate Authority and it was numbered as LRA No. 51/1986. The Land Reforms Appellate Authority after considering the matter in detail, found that the Land Tribunal has no jurisdiction to grant occupancy rights as per Certain Inam Abolition Act and quashed the order passed by the Land Tribunal insofar as land bearing Sy. No. 119 measuring 9 acres 22 guntas. During the course of the order, it was observed that petitioner can move the Land Tribunal for grant of occupancy rights in respect of land bearing Sy. No. 119 measuring 9 acres 22 guntas of land in Form No. 7 filed by them. The Appellate Tribunal was of the view that the Land Tribunal has not rejected Form No. 7 filed by the petitioners. In view of the said observation, the petitioners made a representation to the Land Tribunal for grant of occupancy rights in respect of the land for which the occupancy right has not been granted. In spite of repeated representations, the Land Tribunal has not taken the application for consideration. Hence, the petitioners have filed this writ petition.

Sri. Ravi V. Hosamani, the learned Government Advocate made available the order passed by the Land Tribunal.

The records clearly disclose that on the applications Form No. 7 and Form No. 1 filed by the petitioners, the Land Tribunal has passed two different orders on 25-11-1981 under Section 11 of the Karnataka Certain Inam Abolition Act 1981 and the order dated 26-12-1981 under Section 45 of the Karnataka Land Reforms Act, 1961. The order passed under the Inam Abolition Act was set aside by the Appellate Tribunal, on the ground that the Tribunal has no jurisdiction to grant occupancy right under the Karnataka Certain Abolition Act. However, it is observed that the petitioners can move the Land Tribunal for grant of occupancy rights in respect of land survey No. 119 measuring 9 acres 22 guntas. While disposing of Form No. 7 on 26-12-1981, the Tribunal has not rejected the claim in respect of the land bearing survey No. 119 measuring 9 acres 22 guntas of land. Since the said land was already granted under Inam Abolition Act, the Land Tribunal not considered the claim petition. Hence, in view of the order passed by the Land Reforms Appellate Authority, the Tribunal has to consider the application in respect of the Land bearing survey No. 119 measuring 9 acres 22 guntas, situated at Baada village.

I find there is some substance in the contention of the petitioners. While disposing of Form No. 7 by the Land Tribunal in respect of the Land bearing Survey No. 119 measuring 9 acres 22 guntas, the application of the petitioners has not been considered. Hence, the Tribunal has to consider the said application and pass necessary order. Accordingly, I pass the following:

ORDER

The Writ petition is allowed. The Land Tribunal, Dharwad is to consider the claim of the petitioners for grant of occupancy rights in respect of the land bearing Survey No. 119 measuring 9 acres 22 guntas, situated at Baada village, Dharwad Taluk, as expeditiously as possible not later than nine months from the date of receipt of a copy of this order.

Office to send back the records to the Land Tribunal, Dharwad.