GUDDA POOJARY Vs. SOMAYYA POOJARI

JUDGEMENT

(1.) This intra court appeal is filed assailing the order dtd. 10/12/2020 passed by the learned Single Judge of this Court in W.P.No.9889/2020 c/w W.P.No.43770/2015.

(2.) Heard the learned Counsel for the parties and also perused the material available on record.

(3.) Brief facts of the case relevant for the purpose of disposal of this appeal as revealed from the records are, the father of the appellants herein had filed Form No.7 under the Karnataka Land Reforms Act, 1961 (for short, 'the Act') claiming occupancy rights of the land bearing Sy. No.12/9B measuring 34 cents situated at Padu village, Udupi Taluk & District. The Land Tribunal, considering the said Form No.7 by order dtd. 13/10/1981 had granted occupancy rights in favour of the appellants' father late Sri Gudda Poojary. The father of respondent nos.1 to 6 - late Somayya Poojari appears to have also filed Form No.7 claiming occupancy rights of certain items of land situated at Padu village, Udupi Taluk. Considering the said Form No.7, the Land Tribunal vide order dtd. 15/10/1981 had granted occupancy rights of five items of land including the land bearing Sy. No.12/9B measuring 30 cents in favour of Somayya Poojari. Challenging the said order dtd. 15/10/1981 in so far as it relates to Sy. No.12/9B, the appellants herein had filed W.P.No.25168/1994 and the learned Single Judge of this Court by order dtd. 18/6/2002 had allowed the said writ petition and quashed the order dtd. 15/10/1981 to the extent it relates to granting occupancy rights of Sy. No.12/9B on the ground that Somayya Poojari had not made any claim in respect of the said land, and therefore, the Land Tribunal had erred in granting occupancy rights of the said land in favour of Somayya Poojari.