ERANAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed these present writ petitions for writ of certiorari to quash Annexure-C dated 23.07.1979 passed by the Land Tribunal B.Bagewadi- respondent No.2 bearing No.KLR.756 holding 06 acres 22 guntas is excess land and to issue writ of certiorari to quash Annexure-D dated 28.02.1981 passed by the Assistant Commissioner, Bijapur-respondent No.3 dated 28.02.1981 bearing KLR.No.756 granting 06 acres 22 guntas in favour of Yamanappa Yallawwa Madar. The respondents No.4 to 7 are the legal representatives of the said grantee.

(2.) It is the case of the petitioner that, on 24.08.1974 the petitioner's father has filed declaration of holding of his lands as specifically, the land Tribunal Basavan Bagewadi held that the petitioner's family is having excess land of 06 acres 22 guntas in the year 1979. The Assistant Commissioner allotted the land bearing Sy.No.599 measuring 06 acres 22 guntas to Yamanappa Yallappa Madar in the year 1981. The Tribunal without holding proper enquiry with regard to Form No.11 filed by the petitioner's father, held that there is excess land and has been allotted to Yamanappa Yallappa Madar. Therefore, the petitioner is before this Court.

(3.) I have heard the learned counsel appearing for the parties to the lis.