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2017 Supreme(Kar) 483

B.S.PATIL
Machi Poojarthi – Appellant
Versus
Assistant Commissioner, Kundapura, Udupi District – Respondent


Advocates Appeared:
For The Petitioner: Sri Venkatesh C. & Sri Shankar Reddy C.
For The Respondents: Smt. B.P. Radha, Sri A. Ananda Shetty A.

ORDER :

1. In these writ petitions, petitioner is challenging the order dated 09.02.2007 passed by the Assistant Commissioner rejecting Form 7-A filed under Section 77-A of the Karnataka Land Reforms Act, 1961 (for short, ‘the Act’) confirmed in appeal by the Karnataka Appellate Tribunal (for short, ‘KAT’) in Appeal No.628/2007 dated 30.11.2015.

2. Mother of the petitioner – late Marli Poojarthi was cultivating certain lands as tenant under the father of respondent No.2 by name Ramakrishna Kamath. She filed application in Form 7 claiming occupancy rights in respect of three lands. The said application, upon inquiry was partly allowed granting occupancy rights in respect of two survey numbers and was rejected in respect of Sy. No.67/2. This order was passed on 29.08.1980.

3. After the amendment to the Act, by which Section 77-A was incorporated, mother of the petitioner filed application in Form 7-A claiming occupancy rights in respect of Sy. Nos.67/2 and 68/2. She died during the pendency of the said application. Petitioner came on record before the Land Tribunal.

4. Petitioner claims to have filed an application seeking amendment of the application filed in Form 7-A to replace Sy. No.
















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