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6. This petition is stoutly resisted by Sri R. Omkumar, the
learned Additional Government Advocate. He holds the
petitioner guilty of the suppression of material facts. Heesu»-l:4lm_i_ts
that the land in question is ‘B’ kharab kunte land,
granted to any private party. He also submits that
also liable to the rejected on the short:=._gro.ulnd btavai-lebilfiety
alternative remedy. He submits that-..the irnpllgnecé”e’nVdo_Vrseniient
may be challenged by way of an beforleythe Vvzllssistant
Commissioner. . V 2
7. This directed the
A.G.A. to nntl wréitflvfafpivpeal and/or SLP is filed
against the order; passed by the learned Single
Judge in vv.P.No’.5i9l§6/2ooA7il.” ‘ibis submitted at the bar by Sri R.
gilvritx’a’p’peal or SLP is pending.
position is that the Land Tribuna|’s order,
V:v.i>i»–…..a’»ated granting occupancy rights in favour of Late
‘H-f«f’.j’:}hiva.nna hasattained finality. The belated attempt made by the
to challenge the same is already negatived. This
‘V:7Co’l.iVr_ty__by its order, dated 17.4.2608 dismissed the writ petition
flied by the Government on the ground of delay and laches.
$35;
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Under these circumstances, the Land Tribunal’s order has to
reach the logical culmination in the issuance of the consequential
documents.
9. That the land is a ‘B’ kharab kunte land is _
for the first time in the endorsement issued in
that it is ‘B’ kharab kunte land, the p:e_titioniefr’s–iua’pplica’ti’oinV 7
to rf
the grant of occupancy rights ought to ‘l’i.a_\’re be<:–n'7'.'ilr~.
liméne. The Assistant Commissionelriandthen'i*a_'hisi':ldar§ are the
Chairman and the Secretary Arefspec-itively 'o._ffth"eyLand Tribunal. It
is not known why they did_..n.o't=,bri.ng_ notice of the
members 'ybllllvkhyarab kunte land and that
therefore thecsgame for the grant of occupancy
rights. It _a|soln*ot_:'l<nown"v.as"'to why the writ appeal and SLP is
not filed the otderor the learned Single Judge. Be it as
it rna_y',' order of the Land Tribunal has attained
— vi’-iinalityi’ ,__fliheVC.h’a’l-gleihge to the Land Tribunal’s order cannot be
-i_l.l’_j’e.n.telrtaéned”the collateral proceedings and that too in the
4:~.’_:pr.oce’edi_n.g’As initiated by the L.R.s of Shévanna,
ii). The impugned endorsement virtually reads like the
passed by the Appellate Authority on the Land Tribunals
ER
order. Therefore, I have no hesitation in holding that it is the
one without authority of law and without jurisdiction. Therefore,
notwithstanding the avaiiabiiity of aiternative rernedy,j”I–,:’fh_a’v_e
entertained this petition on merits. The preiiminarir
raised by the Government stands overru_ieo.,._,
11. In the result, I aliow this,p_etition,ouash,thie’,iVnipugnedV”g
endorsement and direct the seco’n’d.:respont§~en’trTahsiidar to
effect the mutation in the narne ioetviftioners respect of
the land at Sy.i\Io.438 of Devana,ha”.EiiV»tii|i–atj’eA–f.irn_e’asuring 1 acre
minus 106′ X 40′ (wi’1ic:.h’ oo=rtiori–e*§s the erection of
Tippu a’n..j.fQ’iEter.”V|ViVniit of 4 months from the
date of production of of today’s order before
the Tahsiidar.
:VTh_iss:.peti’t~io’n is aliowed on the above terms. No order
as to cos’ts_.,i
Sd/-
JUDGE