IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.2372 OF 2012 (LR) BETWEEN:
MR. JOSEPH VICTOR MENEZES AGED ABOUT 71 YEARS S/O SYLVESTER MENEZES R/AT NO.19/646, OLD KENT ROAD, PANDESHWARA, MANGALORE-1.
(BY SRI.M VISHWAJITH RAI, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF REVENUE M S BUILDING, BANGALORE-560001.
2. LAND TRIBUNAL MANGALORE, DAKSHINA KANNADA REP. BY ITS SECRETARY.
SMT. SEVERENE PINTO DECEASED BY LRs 3. BENEDICTA RODRIGUES AGED 77 YEARS W/O LATE JOHN RODRIGUES ...APPELLANT R/AT PARAPAADE HOUSE KAVOOR POST, MANGALORE.
4. ANNIE FERNANDES W/O VALERIAN FERNANDEES AGED ABOUT 72 YEARS R/AT ODDUR HOUSE SHIBRIKERE POST MANGALROE-574 164 5. ROSEY PERIERA AGED ABOUT 67 YEARS W/O SABASTIAN PERIERA R/AT MANNUR HOUSE NIRUMARGA POST MANGALORE.
6. THOMAS PINTO AGED ABOUT 64 YEARS S/O SEVERENE PINTO R/AT HAPPY HOME MALAGENAHALLI SAGARA ROAD, NEAR BISHOPS HOUSE SHIMOGA.
7. GERALD PINTO AGED ABOUT 62 YEARS S/O SEVERENE PINTO REP. BY GPA HOLDER MRS. MARGARET PINTO W/O GERALD PINTO, AGED ABOUT 54 YEARS, R/AT GUTHIGE HOUSE PACHANADY VILLAGE MANGALORE TALUK, D.K.
(BY SRI.S.S.MAHENDRA, AGA FOR R1 & R2 ...RESPONDENTS SRI A.KESHAVA BHAT, ADVOCATE FOR R3 TO R7) ---
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 12/04/2012 PASSED IN W.P.NO.8713/2010(LR).
THIS APPEAL COMING ON FOR HEARING THIS DAY, P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT Heard.
2. Appellant’s father had filed an application in Form No.7 seeking grant of occupancy rights in respect of Sy.No.36-2B measuring 0.11 acre, Sy.No.124-5B measuring 0.88 acre, Sy.No.124-6 measuring 0.12 acre and Sy.No.124-7 measuring 0.10 acre. The Land Tribunal, Mangaluru, by its order dated 20.02.1979 granted occupancy rights to him in respect of the said agricultural lands.
3. In the year 2008, appellant filed an application before the Land Tribunal, seeking correction of area of land in Sy.No.36/2B from 11 cents to 16½ cents on the premise that in a subsequent survey appellant had found himself in possession of 16½ cents, whereas, by an inadvertent error he had mentioned the area of land as 11 cents in the original application.
4. By order dated 11.02.2010 in proceedings LRT No.875/75-76, the Land Tribunal, Mangaluru, declared the area of land allotted to appellant in Sy.No.36/2B as 16.5 cents. This order was challenged before this Court in the instant writ petition. The Hon’ble Single Judge, by order dated 12.04.2012 in W.P.No.8713/2010, has set aside the said order. Hence, this writ appeal.
5. Shri M.Vishwajith Rai, learned advocate for the appellant submits that as a matter of fact the appellant is in possession of 16½ cents. In the original application, by inadvertence it was mentioned as 11 cents. Applicant had sought for correction in the area based on second survey. Accordingly, he prays for allowing this appeal.
6. Shri Keshava Bhat, learned advocate for the contesting respondents No.3 to 7 submits that the area of 11 cents were granted after conducting a survey as rightly recorded by Hon’ble Single Judge. Therefore, once the land is surveyed and occupancy rights were granted, the Land Tribunal had no jurisdiction to modify the area based on applicant’s request. Accordingly, he prays for dismissal of this petition.
7. Admittedly, the occupancy rights were granted in the year 1979. Application has been filed for correction of the area of land in question in the year 2008, which is about 29 years from the date of original order. Hon’ble Single Judge has allowed the petition by recording cogent reasons. Hence, we do not wish to disturb the settled position of parties after more than 29 years. In the circumstances, this appeal must fail and it is accordingly dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE BSR