BASAVANEPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner in this petition is challenging Annexure A - Form no. 10 issued in favour of respondent No. 3 under the Karnataka land Reforms Act and the Rules framed thereunder.

(2.) THE facts are as under: the petitioner is the owner of lands in Sy. No. 208/2+3/a1 and 209/28 situated at Chabbi Village in Hubli Taluk, Dharwad District. The lands are cultivated by the petitioner s family right from the days of his forefathers. Till recently, the petitioner s father was cultivating the lands and thereafter, the petitioner s mother was managing the lands. However, the petitioner and his brother were helping his mother in the matter of cultivation of lands. The third respondent in collusion with the office of the 2nd respondent-Land Tribunal,hubli, obtained Form No. 10 in respect of these lands in terms of Annexure- A. The petitioner was not aware of this order. Only in the year 1990, he came to know of this order when the respondent started interfering with the possession of the petitioner. He filed a complaint regarding interference by respondent No. 3. He also filed a suit in o. S. No. 57/1991 with regard to injunction.

(3.) THE petitioner, thereafter filed an application before the Land revenue authorities to change the entries and sought for deletion of entries in favour of respondent No. 3. Matter was taken up in appeal before the Assistant Commissioner and thereafter, the Assistant commissioner has cancelled the entry and ordered continuance of the petitioner s name. The Assistant Commissioner has ruled that there was no Land Tribunal order granting occupancy rights in respect of these lands to the third respondent. He also ruled that Form No. 10 is obtained by fraudulent means. The third respondent filed a writ Petition in this Court. Writ Petition seems to be pending. He also filed a review of the order of the Assistant Commissioner and the said review petition was dismissed in terms of Annexure B. It is stated that the Tahsildar has sent a report stating that Form No. 7 was never filed by the third respondent and Form No. 10 was obtained fraudulently. A criminal case is pending. With these facts, the petitioner is before me.