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2019 Supreme(Kar) 1445
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.N. SATYANARAYANA, J.
Smt. Jaibunnisa – Petitioner
Versus
State of Karnataka Rep. by Its Secretary, Department of Revenue and Ors. – Respondents
Writ Petition Nos.35736 & 37514 of 2012 (LR)
Decided On : 27-03-2019
For the Petitioner:Sri. Udaya Prakash Mooliya, Advocate
For the Respondent:Sri. G. Balakrishna Shastry, Advocate, Sri B.S.Budihal
Headnote:
Karnataka Land Revenue Rules, 1966 - Rule 17 - Register before Land Tribunal - Chairman of Land Tribunal - Petitioner would state that her grandfather was tenant land measuring to an extent Acres in also land measuring to an extent which are situate at village post Mangalore – Held, Petitioner’s grandfather to treat their cattle and other animals when they fell ill and as such he never indulged in any agricultural activity at any point of time - Though Land Tribunal on several earlier occasions had repeatedly passed orders confirming occupancy rights in respect of lands measuring to an extent Acre cents in favor petitioner’s grandfather material available on record would clearly indicate that same was erroneous as could be seen from reasoning given by second respondent Land Tribunal in its latest order which is at Annexure to petitions - On going through said ordered is clearly seen that third respondent’s father not only sought for occupancy rights in respect aforesaid two items of land but he sought for occupancy rights in respect of several items of lands as could be seen from Annexure to statement of objections which is an extract of village wise register where at second page there is reference to lands in measuring Acres cents which is shown in two bits cents being in possession and enjoyment third respondent’s father - Petition are dismissed
ORDER :
The petitioner herein is said to be the granddaughter of late Patel Imam Saheb and she is impugning the order dated 26.07.2012 (Annexure ‘A’ to the petitions) passed by the second respondent, namely, Land Tribunal, Moodabidri, Mangaluru Taluk, in proceedings Nos.LRT.1216/1979-80 and LRT.194/1980-81.
2. The petitioner would state that her grandfather, Sri Patel Imam Sab was tenant of the land measuring to an extent of 02 Acres in Sy. No.89 and also land measuring to an extent of 12 cents in Sy.No.116/6 which are situate at Thenka Ekkaru village, Permude post, Mangaluru.
3. Admittedly, Form No.7 was filed by Sri Patel Imam Saheb, the grandfather of the petitioner herein, on 16.10.1976 (Annexure ‘B’ to the petitions) for grant of 02 Acres in Sy. No.89 only. In the said application, respondent No.4 - Sri Venkataramana Temple of Gurupur and Annappa Gowda, the father of respondent No.3 herein, were shown as land owners. Pursuant to the said application, proceedings in LRT.1216/1979-80 came to be registered before the Land Tribunal. However, the said Patel Imam Saheb did not seek occupancy rights in respect of the land bearing Sy. No.116/6 situate at Thenka Ekkaru village.
4. It is seen that much earlier to filing of Form No.7 by Sri Patel Imam Saheb, the third respondent’s father, Annappa Gowda / Annappagowda, had filed Form No.7 on 03.09.1974 (Annexure ‘C’ to the petitions) seeking conferment of occupancy rights in respect of various lands in survey numbers mentioned therein including land measuring 40 cents in Sy. No.116/6. Annappa Gowda claimed that he was tenant under respondent No.4 Varadaraja Venkataramana Temple of Gurupura. Pursuant to the said application, proceedings in LRT.194/1980-81 were registered before the Land Tribunal.
5. In proceedings No.L.R.T(2).1216/79-80, the Land Tribunal observed that the applicant – Patel Imam Saheb had filed application in Form No.7 seeking conferment of occupancy rights in respect of the land measuring 02 Acres in Sy. No.89 only, however, at the time of conducting of survey, the applicant got measured the land measuring to an extent of 1½ acre in Sy. No.116 apart from the land in Sy. No.89. The applicant claimed to be subtenant under the said Annappa Gowda. The rival claimant Annappa Gowda contended that he was tenant in respect of land totally measuring 6 Acres 91 cents comprised in Sy. No.89 and Sy. No.116 under Venkataramana Temple (respondent No.4 herein) Sri Patel Imam Saheb was not subtenant under him and sought for dismissal of the application filed by Sri Patel Imam Saheb. The Land Tribunal proceeded on the basis that Sri Imam Patel Sab had not produce any document to show that he was subtenant under Annappa Gowda, however, during spot inspection, on enquiry from the neighbouring land owners, it was found that he was subtenant under Annappa Gowda. Accordingly, the Land Tribunal by its order dated 30.07.1979 (Annexure ‘E’ to the petitions), conferred occupancy rights in respect of the lands measuring to an extent of: 01 Acre 38 cents in Sy. No.89 and 12 cents in Sy.No.116/6 in favour of the applicant – Sri Patel Imam Saheb. While doing so, the Land Tribunal rejected the application filed by Annappa Gowda in respect of the said lands.
6. The said order of the Land Tribunal was the subject matter of challenge in W.P. No.14512/1979 preferred by Annappagowda before this Court. Learned single Judge of this Court in his order dated 16.01.1984 (Annexure ‘R1’ to the statement of objections), observed that the Land Tribunal had not conducted proper enquiry inasmuch as the statements of the parties were recorded by a person other than the Chairman of the Land Tribunal and those persons were not tendered by it for cross-examination of the opposite party. Accordingly, learned single Judge of this Court allowed the writ petition by quashing the order dated 30.07.1979 passed by the Land Tribunal in proceedings No.LRT(2).1216/1979-80 and remitted the matter to the Land Tribunal for fresh dispos
