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High CourtsSingle Bench(2011) 12 KAR CK 0032

Venkatsubbaiah, Since dead by his L.R. Sri.K.S.Ashok vs State of Karnataka and Sri. Vaderaiah

Karnataka High Court · Decided on 5 December 2011

HON’BLE JUDGES
Ajit J. Gunjal, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 34067 of 2011 (LR)

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Judgment

11 paragraphs · 346 words

Ajit J. Gunjal

1.

The land in question is Sy.No.39 measuring 3 acres 20 guntas of Gudimavu, Kengeri Hobli, Bangalore South Taluk. According to the petitioner, it is a Shanbogh Inam land with the petitioner being the Inamdar. The 3rd respondent filed an application in Form No.7 for grant of occupancy rights. Initially, the said application was granted, which was subject matter of a writ petition before this Court. The said writ petition was allowed and the matter was remitted to he Land Tribunal for fresh disposal. The grievance of the petitioner is that no opportunity was given to the petitioner and the statements were also not recorded.

2.

The learned counsel appearing for the petitioner referred to the order sheet, which is produced at Annexure ''B'' According to him when the matter was listed before the Land Tribunal on 27.07.2010 it was adjourned to 03.08.2010. But however the matter was taken up on 02.03.2011 and a spot inspection was done on the same day and the order was pronounced.

3 I am of the view that the impugned order is passed without resorting to Rule 17 of the Karnataka Land Reforms Rules inasmuch as no statements are recorded. Indeed the statement of objections is filed by the petitioner along with a list of documents, but nevertheless when the matter was listed on 27.07.2010 it was adjourned to 03.08.2010. But however according to the learned counsel for the petitioner no proceedings took place between 27.07.2010 and 02.08.2010.

Submission is placed on record.

4.

Having regard to the fact that no opportunity was given and there is violation of Rule 17 of the Karnataka Land Reforms Rules, the petitioner is entitled to succeed. Hence, the following order:

(a) Petition stands allowed.

(b) The impugned order passed by the Land Tribunal is set-aside.

(c) The matter stands remitted to the Land Tribunal for fresh disposal in accordance with law.

Rule is issued and made absolute.

5.

Mr. Shashidhar S.Karamadi, learned HCGP appearing for the respondents 1 and 2 is permitted to rile memo of appearance within four weeks.