LAWS(KAR)-2008-6-97

VAIJANATH RAO S/O MADHAVRAO PATIL AND OTHERS Vs. THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, THE LAND TRIBUNAL REPRESENTED BY ITS CHAIRMAN-THE ASSISTANT COMMISSIONER, THE TAHASILDAR AND SMT. SYEDA KHATOON W/O SYED SHAHA MAHAMOOD

Decided On June 05, 2008
Vaijanath Rao S/O Madhavrao Patil Appellant
V/S
State Of Karnataka By Its Secretary, Revenue Department, The Land Tribunal Represented By Its Chairman -The Assistant Commissioner, The Tahasildar And Smt. Syeda Khatoon W/O Syed Shaha Mahamood Respondents

JUDGEMENT

(1.) THE petitioners are questioning the order passed by the 2nd respondent, a copy of which is produced at Annexure 'T' and also has sought for a writ of mandamus to respondents 1 to 3 to cancel the entries in the Record of Rights relating to Sy. No. 67/1 measuring 5 acres 8 guntas of Aliabad village, Taluk Bidar, District Bidar, which is made on the basis of the order produced at Annexure 'T'.

(2.) THE facts which are germane for the disposal of this writ petition can be summarised as follows:

(3.) RESPONDENT No. 4 filed an application for grant of occupancy rights in Form No. 1 under Certain Inams Abolition Act, 1977 to the extent of 5 acres 8 guntas. The said application is dated 26.06.1998, a copy of which is produced at Annexure 'S'. Another application is filed by respondent No. 4 in Form No. 7A under Section 77A of the Karnataka Land Reforms Act on 26.06.1998. The Land Tribunal took up the application of the 4th respondent for grant of occupancy right in Form No. 1 and held that respondent No. 4 is entitled for confirmation of occupancy rights. Hence, granted the said application. Copy of the order passed by the Land Tribunal is at Annexure 'T' The said order is impugned in this writ petition.