IN THE HIGH CSURT OF KARNATAKA AT BANGALORE W.P.No.22331!2905 1 !N THE HIGH COURT OF KARNATAKA AT mmn nus run 2671; an or was, E' ms HCWBLE MR. JU$TiCE"fljK.'PAT£i§V:" wan' PETITION no.g__2331 2095 (L121 ' BETWEEN: SMT.VIMA£..A BALLAL. wio LATE K s BALLAL, j: ; AGED ABOUT 30 YEARS E ' A Rm BALLAF. BHAGH '- ._ MANGALORE493 " - -- * V IBAKSHNA KANHADA; 'V 3 = PETFHONER (av SR3, Y AEVGCATE) AND: 'I é'r_AfE.oF 5<ARe§.i'ATAKA .. . . REMQESENTED :3': :75 SECRETARY DEPARTMENT cs REVENUE ,M s Buaumucs . ~ DRAMBEDKAR VEEGHI «i. ' v.. . . . . . .. ' THE'LAN£}"TRiBUNAL V MVo:2auBia_R:..MANeALoRe 'mun * .__'DAK$§fiANA'KANNADA. sM1'.m%'<tJA wzo LATE MADAPPA SALIAN AGED ABOUT as YEARS RESDENT or: NEAR MAHAVEERA COLLEGE 'E ~.,Moow3mR:, KOQANGALLU POST; ' - MANGALORE TALUK DAKSHWA KANNADA' JAYATHZ D10 LATE MADAPPA SALIAN AGED ABOUT 40 YRS RESIDENT DF NEAR MAHAVEERA COLLEGE IN THE I-11GB COURT OF KARNATAKA AT BANGALORE W.P.No.22331/IQGS IN THE HIGH COURT OF KARNATAKA AT BANGALORE W.P.No.2233i:'2G9§ 3 ORDER
H Petitioner daiming to be owner, haa»u.:a$$aiVIe’dV =
correctness of the order dated 13″‘ .1a5uéry%d
in proceedings No.256-Av’ a_’r:d. byfa
second respondent % — Tri_buna’i’,– ‘.,M£:}odabidri,
Mangalore Taiuk, in in registering the
occupancy, wars 3 to 3 in
sy.No.59rsr4%rnaaagrinrgan as’? 0.10 acres situate at
Praniglayar’ Dakshina Kannada
Dwain’ % % _ n
2. lf”ia._:not. En that, the matter had earlier
– _ befnre’Vtb§?§-értviourt on a writ petition filed by One
assailing the correctness of the order
Passed.a’\by37″Land Tdbunai dated 23′” October 1931 in
writ Petition No.5282I1982. The said writ petition was
and due order passed by Land Tribunal was set
T “aside ad the matter was remitted back to Land Tribunal
%:-an
EN Tm: HIGH COURT or KARNATAKA AT BANGALORE W.P.No.2233il2G{)5
IN THE HIGH COURT OF KARNATAKA AT BANGALORE W.P.N0.22331f20’05
4
to reconsider the matter afresh and to take appropriate
decision in accordance with law
reasonable opwtunity to petitiovr.es’.-. . Ru
the original ciaimant, now
to 3 herein claiming that, v–tfl1e.teng’_c~tiih of
land in question, hooonoo sro;oig;ooo;2+A Section
33 of the Land oto+momhap right.
The said iwadappa Sal-ian
had cmnc pursuance of the
direction inwoadier round of litigation,
before — Land Tribunal on 13″‘
‘A Tribunal, without conducting
and without affording reasonabte
1’*;$cV.>’ipctitioner and respondens, has proceeded
order registering the occupancy rights in
A 5.’ of respondents 3 to 8. Assaiiing the correctnem
the impugned order passed by Land Tribunal,
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IN THE HIGH COURT OF KARNATAKA QT BANGALORE W.P.N0.g23_3jl{2G05
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Moodabidri, petitioner has presented the
petition seeking appropriate reliefs, as {T
3. i have heard learned; it” it
petitioner and teamed “iv it
respondents. b
.4. After careful ,t–eyaiuation’Vt_;of rraater1’ai” available
on record, including by Land
Tribunai, N§oorria;bidr§_; statement of
objections’ 3′ to 8 through their
with the statement of
objects’onr,§,” Annexure R1, which is
tr1e§1:atemeunti.of’ objecfions flied by petitionerherein in
ii No.5232/1932 in the eariier round of
‘xfftiine said objections statement filed by
V –V “herein, it is seen at paragraph 2 of the
it objmfione in Writ Petition No.5282I1%2 that, petitioner
‘ said writ petition has oategoricaily stated that, he
it has no objection to grant me northern portion of the land
IN THE HIGH COURT OF KARNATAKA AT BANGALORE W.P.No.2233!f2G£)5
{N THE HIGH COURT OF KARNATAKA AT BANGALORE W.P.No.2233lf2005
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in favour of third respondent. The Tribunal, without
conducting proper enquiry and without referenove_ti_:i_”tl_1e
relevant material available on file has
register the occupancy rights K ” it
Sand in question is granted in fay’our1f_ot~ l
3 towards the northern seaeasimenw
measuring an extent he
boundaries, blindly, the Land registered the
occupancy the said survey
number. ._ that, the Tribunal, without
application without conducting prm
matter without complying with
by this Court and contrary to the
1. of the Land Reforms Act and Rules.
“.__Therefore, the impugned order passed by Land Tribunal
5 m sustained and heme, it is liable to be set aside
V’ the threshold itself on this ground alone.
/r”e~ae~e
IN THE HIGH COURT or KARNATAELA AT BANGALORE w.P.No.2233u2oo5
B?-E TI-{E I-HGH COURT OF KARNATAKA AT BANGALORE W.?.N0.2233l!2005
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5. Having regard to the facts and circumstances
of the case, as stated above, the writ petition
petitioner is disposed of as foflows:
U The writ petition filedtby
allowed in pan’; V _ _
II] the £mpugnett’atit§tar p§s;:a¢:dVVt$_i»¢
Tribunal, Moodataiagi da:egft2obs
in praceedings in
so far bearing
.. 10 acres situate at
Prafirhyaviizagg, Taluk, Dakshina
_ _ its hereby set aside;
—.:Matter stands remitted back to
” ~ “respondent —- Land Tribunal,
Mctddabidfi for reconsideratian of the matter
t” – fafresh and to take appmptiate decision in
accordance with law, after affording
reasonable opportuni: of hearing to petitioner
/
/
/’
IN THE HIGH COURT 0? KARNATAKA AT BANGALORE W.P.Ne.2233112DGS
IN THE H133 C0 URFOF KAREKTAKA AT BAN(i*\.LORE W.P.No.2?’%%1i (j___
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and decide the same
andresponabnts 3 to 8{in strict cornplianoe of
0/’
Rue 17 of the Land Reforms Hues read
Section 34 of the Kamataka Lanweumua kf
Act and with neremnae to the % * %
available on fie, as expedfiofiéqyfls H
BMW