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2019 Supreme(Kar) 641

S.N.SATYANARAYANA
Hameed – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
Pundikai Ishwara Bhat, B.P. Radha, V.R. Prasanna, K. Chandranath Ariga.

JUDGMENT :

S.N. Satyanarayana, J.

1. Petitioner herein is applicant in Form No. 7A before the competent authority under the amended provisions of the Karnataka Land Reforms Act, namely 2nd respondent-Assistant Commissioner. In the said application, the petitioner has sought for occupancy right in respect of 57 cents of land in Sy. No. 51/1 of Kolnadu village, Bantwal Taluk, Dakshina Kannada District.

2. It is the case of the petitioner that, his grand father-Hasakunhi Beary was tenant under one Shankar Alva S/o Maindappa Alva Tiruvache for more than 30 years prior to the date of filing of Form No. 7A. According to him, though his grand father had tenancy right in respect of aforesaid land, he did not choose to file Form No. 7. As such, when an opportunity was given by the Legislators to those of the persons, who did not avail the opportunity to seek tenancy right in respect of land in their occupation and cultivation, he choose to claim the same by filing Form No. 7A. In that behalf, in the proceedings which was conducted before the 2nd respondent-Assistant Commissioner, after recording evidence of the parties the competent authority by order dated 20.5.2003 considered his claim for g

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