IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA BETWEEN W.P.No.9580/2018 (LR) SRI JAYA SUVARNA AGED ABOUT 60 YEARS S/O ODIYAPPA SUVARNA, ANEGUNDI HOUSE, BEJAI MANGALURU-575 004.
(BY SRI. NATARAJA BALLAL, ADV.) AND 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560 001 REP. BY ITS SECRETARY.
2. COMPETENT AUTHORITY MANGALORE TALUK-575 004 MANGALURU. D.K.DIST. - 575004 ALSO AT: HEAD QUARTERS, ASSISTANCE & D. C. OFFICE, REVENUE DEPARTMENT 3. SMT.CELINE SEQUIERA AGED ABOUT 85 YEARS W/O A.M.DIAS, R/AT PALM VIEW, KAVOOR CROSS, BEJAI, MANGALURU-575 004.
... PETITIONER ... RESPONDENTS (BY SRI. B. S. BUDIHAL, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND QUASH THE ORDER PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU BENCH DTD:23.9.2014 PASSED IN APPEAL NO.642/2007 [REVENUE] [ANNEXURE-A].
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner herein is impugning the judgment dated 23.09.2014 on the file of the Karnataka Appellate Tribunal.
2. Briefly the facts leading to this writ petition are as under:
Petitioner herein is the son of Muthu Hengasu, who is an applicant in Form No.7 before the Land Tribunal, Mangalore seeking occupancy rights in respect of several lands belong to 3rd respondent – Smt. Celine Sequiera. Application filed by petitioner’s mother in Form No.7 came to be rejected by the Land Tribunal, Mangalore, by its order dated 30.04.1981. Admittedly, as on the date of rejection of Form No.7 filed by Muthu Hengasu, she had already died. Since her legal heirs did not pursue the order of dismissal of Form No.7, it reached finality.
3. Thereafter, it is seen that son of Muthu Hengasu – Jaya Suvarna / petitioner herein filed an application in Form No.7A seeking occupancy rights in respect of 15 cents of land in Sy.No.29/5 of Kodialbail Village of Mangalore Taluk, Dakshina Kannada District. The said application came to be allowed by the competent authority by its order dated 31.01.2002, which was the subject matter of challenge by 3rd respondent herein in W.P.No.12998/2002 (LR).
4. The said writ petition was taken up for consideration on 26.03.2007 by a Co-ordinate Bench of this Court, wherein it was observed that the order impugned in the aforesaid writ petition requires to be challenged before the Karnataka Appellate Tribunal. Therefore, reserving such liberty to 3rd respondent herein, the writ petition was disposed of.
5. It is based on the order dated 26.03.2007, appeal in 642/2007 was filed before the Karnataka Appellate Tribunal, Bangalore, wherein the Appellate Tribunal while considering the appeal filed by the 3rd respondent has accepted the same and consequently, set aside the order dated 31.01.2002 passed by the competent authority in granting occupancy right to petitioner herein on the ground that once a tenant files an application in Form No.7, he or she or their family members are not entitled to pursue the relief which is available under Form No.7A which is provided to protect the interest of those who did not file Form No.7 within the period of limitation when it was in force.
6. In that view of the matter, the appeal filed before the Tribunal is accepted and the consideration of the application filed by the petitioner under Form No.7A is rejected by setting aside the order of the competent authority on 31.01.2002, which appears to be just and proper both on facts as well as on legal precedents which are governing that point.
Accordingly, this writ petition is dismissed.
Sd/- JUDGE VP