LAWS(KAR)-1998-4-30

GOVINDAPPA Vs. STATE OF KARNATAKA

Decided On April 02, 1998
GOVINDAPPA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) heard Mr. R. Chandrashekar, learned counsel for the petitioner, mrs. Vidya, learned high court government pleader for respondents 1 and 2, Mr. A.g. shivanna, learned counsel for respondent 7 and Mr. R. tharesh, learned counsel for respondents 4 and 6.

(2.) the question that to be attended herein is as to whether the purchaser, under an agreement for sale of agricultural land in respect of which occupancy rights is claimed under Section 48-a of the karnataka land reforms Act, 1961 (hereinafter the 'act'), has any right of participating in the occupancy proceedings?

(3.) the facts of the case lie in a short compass. One late Mr. Govindappa, whose estate is being represented by his son in the present writ petition, had filed an application in form No. 7 (Annexure-A) as prescribed under Rule 19(1) of the Karnataka land reforms rules, 1974 on 5-11-1975 claiming occupancy rights in respect of land measuring about 10 acres in sy. No. 21 of yerrappannahalli village, bidarahalli hobli, Bangalore south taluk. Respondents 3 to 6 are said to be the owners of the said land. The said owners, on being noticed, have appeared in the occupancy proceedings which is still pending disposal.