IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.9208 OF 2017 (LR-RES) BETWEEN:
SRI MUNISIDDAPPA S/O SRI CHIKKA PILLANNA AGED ABOUT 73 YEARS R/A BETTENAHALLI KUNADANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT. ...PETITIONER (By Sri P.MAHESHA, ADVOCATE) AND:
1. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION CUM-EXECUTIVE OFFICER UNDER SECTION 77A OF THE KARNATAKA LAND REFORMS ACT.
2. SRI B.SHANKARA SHASTRY S/O LATE SHASTRY AGED ABOUT 94 YEARS R/A #44, ULSOOREPT P.R.S LANE, BENGALURU - 560 002.
3. SRI B.S.VISWESHWARAYYA S/O B.SHANKARA SHASTRY AGED ABOUT 68 YEARS R/A #44, ULSOORPET P.R.S LANE, BENGALURU – 560 002.
4. SRI C.RAVI KUMAR S/O LATE PARVATHAMMA AGED ABOUT 38 YEARS.
5. SRI CHIKKAKEMPANNA S/O CHIKKABALLAPPA AGED ABOUT 48 YEARS.
6. SRI DODDAKEMPANNA S/O CHIKKABALLAPPA AGED ABOUT 74 YEARS RESPONDENTS No.4 TO 6 ARE RESIDING AT BETTENAHALLI VILLAGE KUNDANAHALLI HOBLI DEVANAHALLI TALUK – 562 110. BENGALURU RURAL DISTRICT 7. SRI K.MUNIRAJU S/O MUNITHAYAPPA AGED ABOUT 59 YEARS R/A HEGGANAHALLI KUNDANA HOBLI DEVANAHALLI TALUK – 562 110 BENGALURU RURAL DISTRICT ... RESPONDENTS (BY SRI T.PRAKASH, ADVOCATE FOR C/R7 SRI S.S.MAHENDRA, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE HON'BLE KARNATAKA APPELLATE TRIBUNAL IN APPEAL NO.541/2004 DATED 29.11.2016 VIDE ANNEXURE-D AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner herein is impugning the order dated 29.11.2016 in Appeal No.541 of 2004 on the file of Karnataka Appellate Tribunal wherein rejection of occupancy right in respect of land bearing Sy.No.119 measuring 04 acres 07 guntas is confirmed.
2. Brief facts leading to this writ petition are as under:
Petitioner herein is said to be an agriculturist and he is also claiming as a tenant in possession and enjoyment of land bearing Sy.No.119 of Bettenahalli Village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District measuring 04 acres 07 guntas belonging to one Sri.B.Shankarashastry. It is contended by him that he was a cultivator under the said owner of land bearing Sy.No.119 and in that behalf, he filed an application in Form No.7-A, which is registered in L.R.F.C.R.28:99-2000:L.R.F:(dh) 669, 670, 671, 750: 98-
99 seeking issuance of occupancy right in his favour. It is stated that in the said proceedings, his prayer for grant of occupancy right for the aforesaid land is rejected by order dated 11.03.2003. It is seen that the Land Tribunal after conducting an enquiry, passed an order on 11.03.2003 rejecting his prayer for registering him as a tenant in respect of land bearing Sy.No.119 of Bettenahalli Village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District and consequently, dismissed his application under the aforesaid order, which was subject matter of challenge before the Karnataka Appellate Tribunal in Appeal No.541 of 2004 (Revenue) wherein the Tribunal on re-appreciation of the material available on record proceeded to dismiss the appeal confirming the order of rejection of application under Section 7-A of the Land Reforms Act, 1961. Being aggrieved by concurrent finding of the Land Tribunal and as well as the Karnataka Appellate Tribunal, the present petition is filed seeking to impugn the aforesaid orders.
3. Heard the learned counsel for the petitioner and as well as the contesting Respondent No.7 who is the purchaser of the aforesaid land from the erstwhile owner and as well as the learned Additional Government Advocate for Respondent No.1.
4. On going through the material available on record, it is clearly seen that the petitioner herein on an earlier occasion, i.e., on 08.10.1974 had filed an application in Form No.7 seeking occupancy right in respect of several lands under the second respondent herein, which are in Sy.No.218/4 measuring to an extent of 02 acres 14 guntas; Sy.No.10 – 05 guntas; Sy.No.25/5 – 18 guntas; Sy.No.50/3 – 09 guntas; Sy.No.51/3 – 18 guntas; Sy.No.63 – 01 acre 20 guntas; Sy.No.16 – 11 guntas; Sy.No.32 – 07 guntas. It is seen that pursuant to above application, proceedings were initiated in LRF No.2/1974-75. When the said proceeding was pending, enquiry with reference to the right of the petitioner herein in seeking occupancy right in respect of the aforesaid land was initiated. In the said enquiry there is clear admission on the part of the petitioner himself that he was not in possession and cultivation of the land in Sy.No.119 as on the cut off date 01.03.1974, which has come on record in a statement recorded before the Land Tribunal on 09.12.1998. Taking that into consideration, the Land Tribunal has rightly rejected his second application, which is filed in Form No.7-A on 19.02.1999, in the proceedings which culminated in an order of rejection dated 11.03.2003, which is rightly confirmed by the Karnataka Appellate Tribunal in Appeal No. 541 of 2004 by judgment dated 29.11.2016. After giving careful consideration to the aforesaid material available on record, this Court feel that no justifiable grounds are made out to interfere with the orders passed by the Land Tribunal in proceedings No.L.R.F.C.R.28:99- 2000:L.R.F:(dh) 669, 670, 671, 750: 98-99 dated 11.03.2003 confirmed in Appeal No.541 of 2004 (Revenue) on the file of the Karnataka Appellate Tribunal, dated 29.11.2016 which are impugned in this proceeding.
Accordingly, writ petition is dismissed.
Sd/- JUDGE dh