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Judgment
7 paragraphs · 383 wordsS. Abdul Nazeer, J.—The subject matter of this Writ Petition is Sy. Nos. 348/14, 346/9A, 346/9B, situated at Jalavalli Village, Honnavara Taluk.
The contention of the petitioners is that they are the tenants of the lands along with certain other lands. They had filed Form No. 7 seeking grant of occupancy rights in respect of the aforesaid lands along with other lands. The Land Tribunal passed the orders dated 5.8.1976 and 20.1.1982, partially allowing Form No. 7. The Tribunal had rejected the application of the petitioners in respect of the aforesaid three survey numbers.
Feeling aggrieved, the petitioners filed a writ petition before this Court in W.P. No. 13988/1985 connected with W.P. No. 13989/1985, insofar as the rejection of Form No. 7 in respect of the aforesaid three items of lands are concerned.
During the pendency of the said writ petition, the Karnataka Land Reforms Act, 1961 was amended providing for an appeal for challenging the orders of the Land Tribunal. Therefore, the writ petitions were transferred to the Appellate Authority. During the pendency of the said matter before the Appellate Authority, the Land Reforms Act was again amended abolishing the Appellate Authority. Therefore, the petitioners filed a Civil Petition in No. 4509/1991 before this Court. The said Civil Petition was converted into Writ Petition No. 29922/2001.
I have heard the learned counsel for the parties.
A perusal of the orders dated 20.01.1982 and 05.08.1976 insofar as the rejection of Form No. 7 filed by the petitioners in respect of the aforesaid three items of lands are concerned, is not a valid order. The Land Tribunal has not assigned any cogent reasons for rejecting the application. It has also not followed the procedure prescribed in Rule 17 of the Karnataka Land Reform Rules 1974. In my opinion, the Land Tribunal has to consider the matter afresh.
Consequently, the writ petition succeeds and it is accordingly allowed. The orders of the Land Tribunal dated 20.01.1982 and 05.08.1976 are hereby quashed only insofar as the aforesaid three items of lands are concerned. The matter is remitted back to the Land Tribunal, Honnavara Taluk, for fresh consideration, in accordance with law in respect of the aforesaid three items of lands after due notice to all the parties concerned. No costs.