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2019 Supreme(Kar) 1439

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Aravind Kumar, J.
N. Munihanumiah and Ors. - Appellants
Vs.
The Land Tribunal, Bangalore South Taluk and Ors. - Respondent
Writ Petition No. 14133 of 2008 (LR-RE)
Decided On : 09-04-2019

Advocates Appeared:
For the Appellant : G.G. Shastri, Adv.
For the Respondents: Sriyuths J.M. Umeshamurthy, High Court Government Pleader, S.K.V. Chalapathy, Senior Counsel for H.N. Prakash and S.G. Hegde, Advs.

Headnote:

Karnataka Land Reforms Act, 1961 - Section 48-A - Possession and enjoyment of lands - Possession of lands - Petitioners have contended that lands bearing measuring acres gutsy - Measuring acres gutsy - Measuring acres gutsy measuring acre juntas situated at – Village Bangalore East Taluk was in possession and enjoyment of one - It is further contended that after enactment of Mysore Personal and Miscellaneous Inams Abolition Act for short Inams Abolition Act lands in question stood vested in Government and Act providing for holders to seek for grant of occupancy rights as permanent tenants and other tenants – Held, Failure to file an application in Form after such land having stood vested in State empowers or entitle State to grant occupancy rights of such lands in favor any other person who is claiming to be tenant and only in event of such tenant proving that on appointed he was cultivating land as tenant land - Thus petitioners having failed to apply for registering themselves as occupants of land their right if any stood extinguished by virtue of Section Land Reforms Act - This view finds support from judgments of this Court in case Land Tribunal Another - That apart in instant case revenue records in general and Annexure series in particular would clearly indicate that predecessor in-title of respondents have been cultivating land in question from year as cultivators and they having filed application for grant of occupancy right came to be considered by Tribunal and occupancy rights were granted to them – Order accordingly

ORDER :

Aravind Kumar, J.

1. Petitioners have sought for quashing of the order dated 4-10-2001 passed in LRF Nos. 1574, 1459, 1352/1974, 1978/1974, 5325/1979-80, 3788/1976 and 4251/1976 passed by the Land Tribunal, Bengaluru South, Bengaluru insofar as it relates to granting occupancy rights in favour of Sriyuths T. Krishnappa, Narayanappa, Govindappa predecessor of respondents 2 to 19 to the extent as described thereunder relating to Sy. Nos. 103, 104 and 105 of B. Narayanapura Village, Krishnarajapuram Hobli, Bangalore East Taluk.

2. Petitioners have contended that lands bearing Sy. No. 10/1 measuring 2 acres 19 guntas, Sy. No. 139 measuring 3 acres and 28 guntas, Sy. No. 116/02 measuring 2 acres 2 guntas, Sy. No. 103 measuring 1 acre 4 guntas, Sy. No. 104 measuring 2 acres 18 guntas and Sy. No. 105 measuring 1 acre 11 guntas situated at B. Narayanapura Village, Krishnarajpuram Hobli, Bangalore East Taluk was in possession and enjoyment of one Sri Doddanagappa Reddy. It is further contended that after the enactment of Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 (for short 'Inams Abolition Act') the lands in question stood vested in the Government and the Act providing for holders to seek for grant of occupancy rights as permanent tenants and other tenants. Said Doddanagappa Reddy filed an application before the Special Deputy Commissioner, Inams Abolition seeking grant of occupancy rights in respect of the above said lands.

2.1. Petitioners have further contended that said application came to be registered as Case No. 34/59-60 on the file of Special Deputy Commissioner, Inams Abolition and on account of demise of Sri Doddanagappa Reddy, his legal representatives have continued the proceedings and one of the son Sri Muniyappa tendered evidence regarding deceased Doddanagappa Reddy being in possession and enjoyment of the lands during his lifetime and sought for the lands being registered jointly in the names of all the four sons of Sri Doddanagappa Reddy. They further claim the jodidar/inamdar had participated in the enquiry before Land Tribunal and did not object to the claim and conceded that applicants were cultivating the lands in question. They have further contended that Special Deputy Commissioner, Inams Abolition, upheld the claim and granted occupancy rights in favour of the children of Sri Doddanagappa Reddy under Section 5 of the Act in respect of Sy. Nos. 10/1, 139 and 116/2 and also registered them under Section 9-A of the Act in respect of Sy. Nos. 103, 104 and 105 by order dated nil-Annexure-B. Petitioners claiming to be the descendents of Sri Doddanagappa Reddy and on the strength of the order passed by the Special Deputy Commissioner, Inams Abolition are contending to be the absolute owners in possession and enjoyment of the lands in question.

2.2. They further contend, names of some of the respondents was reflected in the RTC pertaining to the aforesaid lands and on enquiry made with the jurisdictional Tahsildar they learnt about impugned order dated 4-10-2001 - Annexure-A having been passed and they immediately applied for certified copy and obtained the same and found that certain persons namely, Sriyuths T. Krishnappa, Narayappa, Kottappa and Govindappa had filed Form 7 before first respondent claiming occupancy rights under Section 48-A of Karnataka Land Reforms Act, 1961, had obtained the same which lands were already regranted in favour of first petitioner and his brothers under the provisions of Inams Abolition Act. Hence, contending that respondents 2 to 19 have no manner of right, title or interest over the lands in question and alleged order passed by Land Tribunal being without notice to petitioners, is liable to be set aside as it is in violation of principles of natural justice, they have sought for quashing of the proceedings.

3. Respondents 2 to 19, who have been notified, have appeared and filed their statement of objections and have denied the claim of petitioners. It is contende

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