JUDGMENT :

ALOK ARADHE, J.

1. In this intra Court appeal filed under Section 4 of the Karnataka High Court Act, 1961, the appellant has assailed the validity of the order dated 30.03.2007 passed by the learned Single Judge in W.P. No. 21925/2001, by which writ petition preferred by the appellant has been dismissed and the order of the land tribunal dated 25.05.2001 has been affirmed.

2. Facts leading to filing of this appeal briefly stated are that one Marulaiah purchased land bearing Sy. No. 33/2 measuring 10 acres situate at Hosakerehalli Village, Uttarahalli Hobli, Bangalore South in a public auction in the year 1958. The aforesaid Marulaiah during his lifetime, had sought for conversion of land of 7 acres out of 10 acres of land for non agricultural purpose i.e. for locating diary farm, poultry farm and agricultural industry. The Deputy Commissioner by an order dated 08.07.1968 passed under Section 95 of the Karnataka Land Revenue Act, 1964, granted conversion of 7 acres of land for non agricultural purpose. The appellant herein is the owner of an adjacent land. The aforesaid Marulaiah expired on 14.12.1974 and the land devolved on the son of late Marulaiah viz. G.V. Appaji who was resident of Shimoga.

3. The appellant filed an application in Form No. 7 for grant of occupancy rights in respect of lands measuring 10 acres. The land tribunal by an order dated 29.09.1979 granted the occupancy rights in favour of the appellant. The aforesaid order was challenged in W.P. No. 19783/80, which was allowed by a bench of this court on 04.06.1981 and the matter was remitted to the land tribunal for a fresh enquiry. The tribunal by an order dated 20.07.1982 allowed the application filed by the appellant. The said order was challenged in a writ petition viz. W.P. No. 14150/97, which was allowed by an order dated 15.03.1999 and the order of the land tribunal was again quashed and the matter was remitted to the tribunal afresh. The tribunal after recording further evidence, by an order dated 25.05.2001 granted occupancy rights in favour of the appellant in respect of 3 acres of land and his application in respect of 7 acres of land was rejected on the ground that the aforesaid land measuring 7 acres was already converted for non agricultural purposes on 08.07.1968, prior to 01.03.1974. The said order was challenged by the appellant as well as the legal representatives of late G.V. Appaji. The learned Single Judge by a common order dated 30.03.2007 dismissed both the writ petitions. In the aforesaid factual background, the appellant/tenant has filed this appeal.

4. Learned counsel for the appellant submitted that the learned Single Judge erred in dismissing the writ petition filed by the appellant. It is further submitted that the finding recorded by the learned Single Judge that the appellant is in possession of the land in question from 1970 is factually incorrect and opposed to evidence on record. It is further urged that the expression “Dairy Farming” and “Poultry Farming” were substituted in the Act by Amendment Act No. 1/1974 with effect from 01.03.1974 and therefore, the aforesaid terms were retrospective in nature and therefore, the order of conversion, which was passed on 08.06.1968 could not be given effect to either by the tribunal or the learned Single Judge.

5. On the other hand, learned Additional Government Advocate for respondent No. 1 has supported the order passed by the land tribunal as well as the learned Single Judge. Learned counsel for respondent No. 3 and respondent No. 4 also supported the order passed by the land tribunal and the learned Single Judge.

6. We have considered the submissions made by learned counsel for the parties and have perused the record. The issue, which arises for consideration in this appeal is with regard to claim of the appellant for grant of occupancy rights in respect of 7 acres of land in question. Before proceeding further it is apposite to take note of Sections 44 and 45 and Section 2(18) of