K SATHYAVATHI SHENOY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners herein are respondents in proceedings bearing No.LRY-101-105-235-TRI-668-669/1980-81 on the file of the Land Tribunal, Udupi.

(2.) Admittedly, the aforesaid proceedings is on an application filed by Kittanna Shetty seeking occupancy right in respect of 10 items of lands as could be seen in the copy of Form No.7 filed on 21.9.1974, at Annexure-B. The said lands were belonging to the respondent before the Additional Land Tribunal, namely Venktray Shenoy since deceased, represented by his widow and children.

(3.) Initially, the application which was filed by Kittanna Shetty was entertained by order dated 25.11.1981, wherein besides 10 items of lands for which he filed Form No.7 occupancy right was granted in respect of 3 other items of lands in (1) Sy.No.36/1A1 measuring to an extent of 0.02 cents, (2) Sy.No.32/1D measuring to an extent of 0.04 cents and (3) Sy.No.32/2B measuring to an extent of 0.05 cents. It is stated that the Tribunal had also entertained the claim in respect of 2 lands which are admittedly punja lands viz., lands bearing (1) Sy.No.36/1B2 measuring to an extent of 1.05 cents and (2) 36/2A2 measuring to an extent of 0.03 cents. Besides these 5 lands, other survey numbers are also considered. The said order of Land Tribunal dated 25.11.1981 was subject matter of challenge before the Coordinate Bench of this Court in WP.No.35149/1992, which is disposed of by order dated 2.12.1999, wherein the Coordinate Bench of this Court interfered with the order of the Land Tribunal so far as the aforesaid 5 items of lands are concerned and remanded the matter back to the Tribunal for fresh consideration and rest of the order passed by the Tribunal which was not seriously challenged by the petitioners herein was allowed to be registered in the name of tenants.