2006 Supreme(Kar) 391
Karnataka High Court
GOWRAMMA (DEAD) BY L.Rs - Appellant
Versus
LAND TRIBUNAL, ANEKAL TALUK, BANGALORE DISTRICT - Respondent
Decided On : 06-01-06
Writ Petition No. 6853 of 1999 (LR).
Sri H.S. Chandraiah,Sri R. Kumar,Smt. Suguna Reddy for Sri C. Channaraya Reddy and Sri C. Shankar Reddy
Headnote:Karnataka Village Offices Abolition Act, 1961 -Effect on re-granted land -Section 8 -Effect on re-granted land -Held, even if land is re-granted to holder of village office, tenants have every right of claim over land under tenancy law.
Cases Referred: ILR 2000 Kar 978; 2003(3) Kar. L. J. 327; 1980(1) Kar. L. J. 39.
Karnataka Village Offices Support Act, 1951 -Effect of 1961 Act -Effect of 1961 Act -Land re-granted under the Act- Karnataka Village offices Abolition Act, 1961 coming into force- Inspite of re-grant, tenants of such lands are protected under 1961 Act.
Cases Referred: ILR 2000 Kar 978; 2003(3) Kar. L. J. 327; 1980(1) Kar. L. J. 39.
Karnataka Land Revenue Act, 1964 -Presumption under -Section 133 -Presumption under -Entries in Record of Rights- Not questioned before any court or authority- Entries will have presumptive value.
Cases Referred: ILR 2000 Kar 978; 2003(3) Kar. L. J. 327; 1980(1) Kar. L. J. 39.
Karnataka Village Offices Abolition Act, 1961 -Effect on re-granted land -Section 8 -Effect on re-granted land -Held, even if land is re-granted to holder of village office, tenants have every right of claim over land under tenancy law.
Cases Referred: ILR 2000 Kar 978; 2003(3) Kar. L. J. 327; 1980(1) Kar. L. J. 39.
This writ petition is filed by the legal representatives of Smt. Gowramma, seeking writ of certiorari to quash the order passed by the Land Tribunal in No. LRF.ATC.982/1977-78 conferring occupancy rights in respect of 4 acres 13 guntas of land in Survey No. 92 of Singana Agrahara, Sarjapur Hobli, Anekal Taluk, Bangalore District, in favour of the third respondent.
2. The brief facts leading to this case are that, Smt. Gowramma, the deceased-petitioner herein, died on 14-9-1998. During her lifetime she had executed a registered Will wherein the land measuring 4 acres 13 guntas in Survey No. 92 of Singana Agrahara, Sarjapur Hobli, Anekal Taluk, Bangalore District, has been bequeathed in favour of fourth petitioner herein. Survey No. 92 along with other lands in the said village are the lands assigned as emoluments of the village office of Shanbhogu. Late Ramanna, father-in-law of Smt. Gowramma, was the Shanbhogu. He died during the year 1932, and after his death Sri Shamanna, the husband of Gowramma, the deceased-petitioner herein, was performing the duties of Shanbhogu and was in possession of all the lands assigned to the office of the Shanbhogu.
3. After coming into force of the Karnataka Village Offices Abolition Act, 1961, Smt. Gowramma filed an application for regrant of the lands in possession of her husband as Shanbhogu. The third respondent herein who was a tenant under Ramanna, father-in-law of Smt Gowramma, also filed an application for regrant. After enquiry, the Assistant Commissioner regranted the land bearing Survey No. 92 measuring 4 acres 13 guntas in favour of Smt. Gowramma, without prejudice to the right of tenancy and with a condition that the lands should not be leased for a period of 15 years. The claim of the third respondent was rejected with liberty to agitate his rights before then appropriate authorities.
4. The third respondent filed Form 7 claiming occupancy right as tenant under Ramanna, father-in-law of Smt. Gowramma. The Land Tribunal, after enquiry, in case No. LRF.ACT.982/1975-76 granted occupancy right in favour third respondent in respect of the land in question. Aggrieved by this order Smt. Gowramma challenged the said order before this Court in W.P. No. 16314 of 1982. In view of Karnataka Amendment Act 19 of 1986, this Court by its order dated 10-7-1986, transferred the matter to the Land' Reforms Appellate Authority, Bangalore District, Bangalore. Before the Land Reforms Appellate Authority, Bangalore District, Bangalore, the same was registered and renumbered as L.RA. No. 95/1986. Again, in the year 1990, an amendment was brought to the Karnataka Land Reforms Act, 1961, abolishing the Karnataka Land Reforms Appellate Authorities in the State, therefore a civil petition came to be filed before this Court and the same has been registered as W.P. No. 25959 of 1993. This Court by its order dated 28-5-1997 allowed the writ petition and quashed the order passed by the Tribunal and remanded the matter back to the Tribunal with a direction to give an opportunity to Smt. Gowramma to file her objection and adduce her evidence. Aggrieved by this order the third respondent herein filed writ petition before this Court in W.P. No. 32637 of 1997. The same came to be rejected on 9-3-1998. After quashing the order passed by the Tribunal and remand made by this Court in W.P. No. 25959 of 1993 the Tribunal took up in case No. LRF.ACT.982/1975-76 for fresh enquiry and after giving sufficient opportunity to all the concerned parties, including Smt. Gowramma, and after recording their evidence, again the Tribunal by its order dated 4-12-1999 conferred occupancy right in favour of third respondent herein in respect of the land in question. It is this order which has been challenged in this writ petition by the petitioners.
5. It is necessary to mention a few facts which had taken place earlier to above said events. The third respondent had filed a suit O.S. No. 815 of 1970 against Smt. Gowramma for permane