High Court Karnataka High Court

M V Venkataswamaiah vs Nanjundappa @ Nanjundaiah on 2 April, 2009

Karnataka High Court
M V Venkataswamaiah vs Nanjundappa @ Nanjundaiah on 2 April, 2009
Author: L.Narayana Swamy
IN THE HIGH comm OF KARNAi1*A;¥<A;  

DATED THE 2&9 DA$%'%QF Apm. 22969   
,.f3EFQARE:'  % % j
THE HQNBLE MR.  L,N.%é;i'{Aa?AHA SWAMY
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AGED ABOLVE 6'! YEARS    
s/0 LATE    %
R143 MANNE \.fH;J._gAGie".2__  
T AMAGONDLUHTOBLI

BAPEGALORE»  DISTRICT  PETI'I'IONER

 

 s:§isV;cr§;a.'mx1ARAYA«REDDY: AIJVOCATE)

J  NANJLWDAPPA @ NANJUNDAIAH

 AGEI) ABOUT 69 YEARS
" S/O L£¥i'E ADAVIAPPA

V  ~ 1210: MANNI3 VELAGE

 .   TH¥AMAGoNDLU HOBLI
   NTELAMANGALA TALUK

% x .. __BANC;'rALORE RURAL DISTRICT

 ~22  THE LAND 'rRmUNAL

NELAMANGALA TALUK



NELAMANGALA
BANGALORE RURAL DIST    S S 
REPRESENTED BY ITS CHAIRMAS f y  *    

3 THE STATE OF KARNATAKA S' M
BY ITS SECRETARY TO '  S  ~    
GOVERNMENT REVENUE I3I*3PAR1'MENT" 
M S BUILDING   _   
I)R.AMBEDKAR vESm~H '   
BANGALORE --- 560 001 *     

{By SR} P.N NANJA'R_EDI3iY my   3

THIS WRIT PE'F¥F{ON.._jI?IL%!3D'_PRAYiNG TO QUASH/ SET

ASIDE THE IMPUGNED' ORDER Dér.3-6-2003 PASSED IN

LI2FMEN~23/$5575  BY R«2"'J{DE ANNJVI.

'FHIS 'WRfI'  on FOR HEARING THIS
DAY, THE comer MASS THE; FOLLOWING:~

. T   emnm
  _ Tfie   is the tenant has challenged the
 Vt:lj1S"'I.and Tribunal Nelamangala in LRF MES

 /75435 dated?o3/o6/ 2003.

   "The petitioner Submits that he is in possession of the

  _  question as a tenant as on the appointed date.

 he has placed relevant entries in the revenue records

'the Same has not been considerw by the Land Tribunal.

\



3

3. The petitioner has relied on Vjferg 

the ymr 1968=--69 where the name    ''

overwritten by writing BaIugu.zaiah'e'*   L.

that though the petitioner is    land in
question an illmal     by  oirer=-wrifilxg
B 's name. In  to 1975-75 the
name of the   column 12(2) of

the RTC.   petition.
4. The 4'   for the first respondent

2 try; in question from one Sri.

The petitioner disturbed the first

reswndent ie’peeeession in respect of the land and hence he

Nov….t136/1973 for injunction which was granted in

against which the petitioner flied MA No. 55/ 1974

it to be dismissed and same was challenged in

347175 and it was allowed and the matter was remitted

for fresh consideration. The ‘I’ribunal after reconsidering the

“\

4

matter granted occupancy rights in favour _.f, _i__i’2e V

Again 1″ Respondent challenged ‘

7606/ 1976, which was allowed end .

and matter was remitted to for flesh
consideration. Hence

5. It is counsel that the
revenue eI1t1’ie::e the respondent was
in RA 17/ 200 L052
and the to on 24/05/2002, against
which the revision petition in R.P. No.
to be dismissed on 28/04/2003.
The 2 iibeen challenged before this court in WP

39()392[o20.(,§3AT(KLR RES]. It was also dismissed by this

‘ on 0z8/1:39/2003. In View of the order passed by this

_fi1eA«A’enuy made in favour of the 15* respondent has

upto this court. All these aspects have been
% *–..?e”oneide1ed by the Land Tribunal and found that the

*\

5

petitioner has not proved that he was a ‘:43-

1974 and hence rejected his claim.

6. I heard the arguments »m_adev4by_i’both V.

7. The contentions ._ is by illegal
method his name was i 1969 and

Baraguraih h’s nafm’ A the said year.

” teW1v975~76 1″ responde-:nt’s
name is eiitexfed to scrutiny by Asst.
Commissioner, _ and this eourt. Hence the
the ‘I’ribunaI is just and proper and is

in In the circumstance, Writ Petition

Vvfails amieit is aceordingly rejected.

‘ iieuée this appeal is rejected.

Sd/”it.

Judge