Karnataka High Court
Sri. Siddappa S/O. Appanna Jogoje vs The State Of Karnataka on 22 November, 2012
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 22ND DAY OF NOVEMBER, 2012
BEFORE
THE HON'BLE MR.JUSTICE RAM MOHAN REDDY
WRIT PETITION No.63601/2012 (LR)
BETWEEN:
Sri Siddappa, S/o Appanna Jogoje,
Age: 77 years, Occ: Agriculture,
R/o Ankali village,
Tq. Chikodi, Dist: Belgaum.
Petitioner
(By Sri Santosh S. Hattikatagi, Adv.)
AND:
1. The State of Karnataka,
Represented by the Secretary,
Revenue Department,
M.S. Building, Bangalore-01.
2. The Assistant Commissioner,
Chikkodi Sub-Division,
Dist: Belgaum.
3. Shri. Ramesh, S/o Gopal Kulkarni,
Aged about 50 years, Occ: Agriculture,
R/o No.418, Mokashi Galli,
Tq. Gokak, Dist: Belgaum.
4. Shri. Narasing, S/o Gopal Kulkarni,
Aged about 50 years, Occ: Agriculture,
2
R/o No.418, Mokashi Galli,
Tq. Gokak, Dist: Belgaum.
Respondents
(Smt. K. Vidyavathi, A.G.A. for R-1)
This writ petition is filed under Articles 226 and 227 of
the Constitution of India, praying to quash the order dated
29.02.2012 in Appeal No.785/2005 passed by the Appellate
Tribunal vide Annexure-C confirming order dated
10.06.2005 passed by the respondent No.2 vide Annexure-B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
Petitioner filed an application in Form No.7 under Section 48-A of the Karnataka Land Reforms Act, 1961 (for short 'reforms Act') claiming occupancy rights over land measuring 2 acres 30 guntas in Sy.No.7/2A and 2 acres 29 guntas in Re.Sy. No.6/2 which when registered as No.KLR-SR-50 and KLR-SR-66, respectively, the Land Tribunal after enquiry, by orders dated 21.10.1981 and 15.10.1981 conferred the occupancy rights on the petitioner in respect of the said lands, where afterwards, the Tahsildar issued Form No.10 after collecting the requisite compensation. Petitioner there 3 afterwards filed Form 7A under Section 77-A of the reforms Act for grant of land measuring 15 guntas in Re.Sy No.6/3A asserting that immediately before 01st March 1974 he was in actual possession and cultivation of the said land vested in the State Government under Section 42 and being entitled to be registered as occupant of such land under Section 45, failed to apply for registration of occupancy rights in respect of such land under sub-section (1) of Section 48-A within the period specified therein and continued to be in possession and cultivation on the date of commencement of the Karnataka Land Reforms (Amendment) Act, 1997. In addition it was stated that the said 15 guntas of land was located on the banks of river and submerged during rainy season, unable to raise any crop, however was used to grow grass for feeding cattle and that the land in Re.Sy.No.6/3A abuts the land in Re.Sy. No.7/2A over which the occupancy right is conferred on the petitioner. That application 4 when considered by the Assistant Commissioner was rejected following which petitioner filed appeal No.785/2005 before the Karnataka Appellate Tribunal at Bangalore invoking Section 118(2) of the "Reforms Act". The Tribunal having regard to the material on record and the fact that the petitioner was conferred with the occupancy rights over an extent of 5 acres 19 guntas of land which was in excess of 2 hectares of land and by grant of the 15 guntas of land would only add to the excess extent of land and in view of the first proviso to Section 77-A of the reforms Act, dismissed the appeal while confirming the order of the Assistant Commissioner by order dated 29.02.2012, Annexure-C. Hence this petition.
2. Having perused the averments in the memorandum of writ petition and examined the order of the Appellate Tribunal, indisputably, the petitioner when conferred with the occupancy rights over 5 acres 5 19 guntas equivalent to more than 2 hectares of 'D' class land, was disentitled to grant of 15 guntas in Sy.No.6/3A in view of the first proviso to Section 77-A of the Act, which reads thus:
"Provided that the land so granted together with the land already held by such person shall not exceed 2 hectares of 'D' class of land or its equivalent thereto."
Petition without merit is rejected.
SD/-
JUDGE mkc