Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VIBHU BAKHRU, C.J., C.M.POONACHA
Seetharam Shettigar, S/o. Panchu Shettigar – Appellant
Versus
State Of Karnataka, Rep By Its Secretary, Department Of Land Revenue – Respondent
JUDGMENT :
C.M. POONACHA, J.
1. The present intra Court appeal is filed calling in question the order dated 4.6.2024 passed in W.P.No.5864/2022 (LR) [impugned order], whereunder the learned Single Judge has allowed the writ petition filed by the third respondent [writ petitioner] and set aside the order dated 31.1.2013 passed by the Land Tribunal in case Nos.LRT.540-541/1981-82 and confirmed the order dated 1.8.1981 passed by the Land Tribunal.
2. The relevant facts in a nutshell leading to the present appeal are that one Panchu Shettigar [father of the appellant] filed Form No.7 claiming occupancy rights, pursuant to which, the Land Tribunal vide order dated 1.8.1981 granted occupancy rights in favour of said Panju Shettigar (grantee) of an extent of 0.50 acres in Sy.No.63/1A and an extent of 0.89 acres in Sy.No.4 of Kemral Village, Mangaluru Taluk. The appellant (son of the grantee) filed an application under Section 48A(6) of the KARNATAKA LAND REFORMS ACT , 1961 [KLR Act] for correction of the order dated 1.8.1981, consequent to which, the Land Tribunal by order dated 31.1.2013 allowed the said application and corrected the order dated 1.8.1981 and ordered that the grant in Sy.No
The court reaffirmed that corrections for clerical errors in land grants are permissible under the Karnataka Land Reforms Act, ensuring all parties have the right to present their claims.
(1) Karnataka Land Reforms Act, 1961 is a beneficent legislation for granting occupancy rights to cultivating tenants of agricultural lands.(2) Order of remand cannot be passed as a matter of course ....
The main legal point established in the judgment is the Tribunal's power under Section 48-A(6) of the Karnataka Land Reforms Act, 1961 to rectify clerical or typographical errors in its order, and th....
The court emphasized that beneficial legislation like the Karnataka Land Reforms Act must be interpreted liberally in favor of tenants, ensuring proper procedures are followed in land grant applicati....
Judicial modifications to orders must adhere to established legal procedures, ensuring all parties are notified to uphold principles of natural justice.
The evidentiary value of the Civil Court's judgment, the presumptive value of revenue records, and the limited scope of interference in a revision petition under Sec. 121-A of the Act were the centra....
A party claiming occupancy rights must provide authentic documentation; the reliance on disputed or fabricated orders leads to dismissal of such claims.
The Tribunal acted beyond its jurisdiction in granting occupancy rights without notifying interested parties, violating principles of natural justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
