Karnataka High Court
Venkappa Shettigar vs Special Tahsildar For Land Reforms on 9 September, 1988
Equivalent citations: ILR1989KAR1308, 1989(1)KARLJ14
ORDER K.A. Swami, J.
Though this petition is posted for orders, having regard to the fact that it can be disposed or on a short point, it is heard for a final disposal.
1. In this petition under Articles 226 and 227 of the Constitution the petitioner has sought for the following relief s:-
a) to issue a Writ of certiorari quashing the impugned endorsement, Annexure-A dated 2-7-1987 passed by 1st respondent in EDIS-KLR(2) - CR-62-87-88.
b) to issue a Writ in the nature of mandamus or any other Writ, order or direction directing the Respondents 1 and 2 to consider the claim of the petitioner as made in Annexure-B in accordance with law after reconstructing the Form No. VII with the help of Annexure-B.
c) for such other and further reliefs as this Hon'ble Court deems fit to grant under the circumstances of the case including an order for costs.
2. Annexure-A is an endorsement issued by the Special Tahsildar, Land Reforms, Udupi, dated 2-7-1987 bearing No. EDS.KLR (2) CR:62/87-88 informing the petitioner that the application in Form No. 7 claimed to have been filed on 24-4-1979 is not entered in the register of Shiwalli village.
3. The case of the petitioner is that he has filed an application in Form No. 7 on 24-4-1979 as per Annexure-D. There is also an endorsement made on the application by the Special Tahsildar, Land Reforms, Udupi for having received the application on 24-4-1979. The petitioner has sought for issue of a Writ in the nature of mandamus to the Land Tribunal, Udupi, directing it to decide the application filed in Form No. 7 in accordance with law.
4. Whenever a question arises as to whether an application in Form No. 7 is filed or not, it is for the Tribunal to enquire into the matter and decide the issue after affording an opportunity to the person claims to have filed an application and the land-owner. It is necessary at that stage to give opportunity to the owner of the lands in respect of which an application in Form No. 7 is claimed to have been filed. This Court is coming across the endorsements similar to Annexure-A issued by the Special Tahsildars of Land Reforms intimating the parties that the applications in Form No. 7 claimed to have been filed by them are not entered in the register. The fact that the apptication/s is/are not entered in the register is not a deciding factor. It may be one of the circumstances to be taken into account. It all depends upon the evidence which the applicant will be able to place before the Tribunal to prove that he had filed an application in Form No. 7. In the instant case, the Tribunal has not decided the issue. The Special Tahsildar Land Reforms is not the authority to decide. The intimation of the nature in question issued by the Special Tahsildar Land Reforms amounts to rejection of the claim made by the applicant in form No. 7 which the Land Tribunal alone is empowered to decide. That being so, the endorsement dated 2-7-1987 bearing No. EDS.KLR.(2) CR.62:87-88 issued by the Special Tahsildar, Land Reforms, Udupi, cannot be sustained.
5. For the reasons stated above, this Writ Petition is allowed in the following terms:-
(a) The endorsement dated 2-7-1987 bearing No. EDS.KLR(2) CR.62:87-88 issued by the Special Tahsildar, Land Reforms, Udupi, Annexure-A is quashed.
(b) The Land Tribunal, Udupi is directed to hold an enquiry into the issue as to whether the petitioner had filed an application in Form No. 7 on 24-4-1979 as claimed by him, and afford an opportunity to the petitioner and owners of the lands in respect of which the petitioner is claiming occupancy right to adduce evidence and to determine the issue after hearing both sides.
(c) In the event the Tribunal comes to the conclusion that the application in Form No. 7 had been filed by the petitioner it shall enquire into Chat application in accordance with law.
(d) The compliance in six months.