B.M.Subraya Hegde vs Taluk Land Board on 2 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 57 of 2004(A)


1. B.M.SUBRAYA HEGDE S/O. LATE VASUDEVA
                      ...  Petitioner

                        Vs



1. TALUK LAND BOARD, KASARAGOD.
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.KODOTH SREEDHARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :02/06/2008

 O R D E R
                         HARUN-UL-RASHID, J.
                   --------------------------------------------
                          C.R.P. NO. 57 OF 2004
                   --------------------------------------------

                   Dated this the 2nd day of June, 2008


                                  O R D E R

The revision petitioner is the claimant before the Taluk Land Board,

Kasaragod. In his petition filed under Section 85(8) of the Kerala Land

Reforms Act, 1963 (hereinafter referred to as “the Act”), he claimed title

and possession over 33 cents of land in R.S. No.15/6 of Bangra

Manjeshwara Village. In support of his claim he produced the purchase

certificate issued by the Land Tribunal in O.A. No.581 of 1971. The

claimant also contended that the said 33 cents of land was obtained by his

mother and sister on chalageni badige chit as per registered document

No.805/1950 dated 27.10.1950.

2. From the materials on record, it has come out in evidence that the

landlord filed C.R.P. No.2397 of 1983 challenging the order passed by the

Land Tribunal and this Court set aside the orders passed by the Land

Tribunal and the Appellate Authority. It is submitted at the Bar that the

said order has become final. The order in C.R.P.No.2397 of 1983 was

C.R.P. NO.57/2004 2

passed by this Court on 22.7.1986. In the light of the order passed by this

Court, the application filed by the claimant under Section 72 B of the Act

stood dismissed. Therefore, the Taluk Land Board rightly rejected the

claim petition which is the subject matter of this revision.

I find no reason to interfere with the order passed by the Taluk Land

Board. The Civil Revision Petition is without merit and it is accordingly

dismissed. There will be no order as to costs.

(HARUN-UL-RASHID, JUDGE)

sp/

C.R.P. NO.57/2004 3

HAURN-UL-RASHID, J.

C.R.P. NO. 57/2004

O R D E R

2ND JUNE, 2008