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2015 Supreme(Kar) 681

RAVI V.MALIMATH
Awamma – Appellant
Versus
Assistant Commissioner, Bijapur Sub Division – Respondent


Advocates:
Advocate Appeared:
Sri Ravindra Reddy, Advocate
Sri A. Syed Habeeb, HCGP for R1 & R2, R4 is served, V/o dated: 6.4.2015 notice to R3 is held sufficient

ORDER :

The case of the petitioner is that she is a tenant in respect of the land in Sy.No.136 measuring 5 acres 13 guntas of Areshankar village, Basavana Bagewadi taluk. That she is a tenant since 1963-64 upto 1999-2000. In terms of Section 77A of the Karnataka Land Reforms Act (for short the ‘Act’), she made an application seeking grant of occupancy rights. By the impugned order, the same was rejected on the ground that she has inherited 8 acres 23 guntas from her father and therefore is not entitled for land that she has sought for.

2. Sri Syed Habeeb, learned Government Pleader appearing for respondent Nos.1 and 2 submits that he supports the impugned order. On being questioned on what ground, he is unable to make any submission. Respondent No.4 is served but un-represented.

3. Heard learned counsels. I’am of the considered view that appropriate relief requires to be granted. The findings recorded by the Land Tribunal is that the petitioner has been cultivating the lands ever since 1963-64 upto 1999-2000. That she has inherited the land from her father to an extent of 8 acres 23 guntas. The claim herein is for 5 acres 13 guntas. Therefore, in terms of Section 77A of the Act she wo




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