Karnataka High Court
Smt Vishalakshi S Poojary vs State Of Karnataka on 2 September, 2013
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IN THE HIGH COURT OF KARNATAKA, AT BANGALORE
DATED THIS THE 2ND DAY OF SEPTEMBER 2013
BEFORE
THE HON'BLE MR.JUSTICE H.BILLAPPA
W.P.No.27347/2012 (LR.)
BETWEEN:
1. Smt.Vishalakshi.S.Poojary,
Aged about 53 years,
W/o.Sudhakara Poojary.
2. Smt.Nalinakshi.T.Poojary,
Aged 51 years,
W/o.Thimmappa Poojary.
3. Sri.Rajesh.S.Bangera,
Aged about 43 years.
All are children of Late Varija.S.Bangera,
"Daddodi House",
Post Nitte Village - 574110
Karkala Taluk,
Udupi District. ...Petitioners
(By Sri.K.Chandranath Ariga, Adv.,)
AND:
1. State of Karnataka,
Represented by its Secretary,
Department of Revenue,
2
Vidhana Soudha,
Bangalore - 01.
2. The Chairman,
Land Tribunal Karkala Taluk,
Karkala - 574 104.
Udupi District.
3. Smt.Sundari Poojarthi,
Aged about 61 years,
D/o.Late Korapolu Poojarthi,
Daddodi House,
Post Nitte Village - 574 110.
Karkala Taluk,
Udupi District.
4. Sri.Sanjeeva Poojary,
Aged about 58 years,
D/o.Late Korapolu Poojarthi,
Daddodi House,
Post Nitte Village - 574 110.
Karkala Taluk,
Udupi District. ...Respondents
(By Sri.T.P.Srinivasa, AGA for R1 & 2
Sri.N.Jayakara Shetty, Adv., for R3 & R4)
*****
This W.P. is filed under Articles 226 and 227 of the
Constitution of India praying to call for the records in TRL
No.1722/1980-81 (1201/1981-82) from the file of the R2.
This petition coming on for preliminary hearing in 'B'
Group this day, the Court made the following:-
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ORDER
In this writ petition under Articles 226 & 227 of the Constitution of India, the petitioners have called in question, the order dated 31.12.2011, passed by the Land Tribunal, Karkala, in case No.TRL.1722/80-81(1201/1981-
82) vide Annexure-'D'.
2. By the impugned order at Annexure -'D', the Land Tribunal, Karkala, has granted occupancy rights in favour of the respondents 3 and 4 in respect of Sy.No.546/2 measuring 20 cents.
3. Aggrieved by that, the petitioners have filed this writ petition.
4. Briefly stated the facts are;
The petitioners claim that they are the children of late Smt.Varija.S.Bangera. She died on 9.12.2012. Smt.Varija.S.Bangera was the daughter of late Smt.Kamala Poojarthi, the original owner of the land. 4
5. It is stated, the respondents 3 and 4 are the children of late Smt.Korapolu Poojarthi who claimed occupancy rights in respect of 20 cents of land in Sy.No.546/2 of Nitte village. Smt.Korapolu Poojarthi was granted occupancy rights. Smt.Kamala Poojarthi, the original owner had challenged the order in W.P.No.29532/2001. The matter was remitted for fresh consideration. After the death of Smt.Kamala Poojarthi, Smt.Varija.S.Bangera, continued the proceedings. Smt.Korapolu Poojarthi also passed away. The respondents 3 and 4 have continued the proceedings. After remand, the respondent No.3 was examined. Thereafter, Smt.Varija.S.Bangera has sought for time by producing medical certificate. The request has been rejected. Thereafter, the impugned order has been passed granting occupancy rights in favour of the respondents 3 and 4. Therefore, this writ petition.
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6. The learned counsel for the petitioners contended that the impugned order cannot be sustained in law. He also submitted that Smt.Varija.S.Bangera has sought for time on medical ground. Rejecting her request, the impugned order has been passed. Therefore, the impugned order cannot be sustained in law. Further he submitted that the Tribunal has not recorded any finding as to whether the land in question was a tenanted land or not, whether Korapolu Poojarthi was the tenant. He also submitted that nothing is produced to show that the land in question was a tenanted land. Therefore, the impugned order cannot be sustained in law.
7. As against this, the learned counsel for the respondents 3 and 4 submitted that the impugned order does not call for interference. He also submitted that the Tribunal considering the material on record has rightly granted occupancy rights. The Tribunal has held that the land in question was a tenanted land and the applicant was 6 cultivating the land as tenant prior to 1.3.1974 and a house is situated in the land in question. He, therefore, submitted that the impugned order does not call for interference.
8. The learned AGA submitted that the impugned order does not call for interference. He also submitted that the respondents 3 and 4 have produced tax paid receipts and the Tribunal considering the material on record has rightly granted occupancy rights and therefore, the impugned order does not call for interference.
9. I have carefully considered the submissions made by the learned counsel for the parties.
10. The point that arises for my consideration is, Whether the impugned order calls for interference?
11. It is relevant to note, the mother of the respondents 3 and 4 Korapolu Poojarthi had filed Form No.7 claiming occupancy rights in respect of 20 cents of land in 7 Sy.No.546/2 of Nitte village. By order dated 31.12.2011, occupancy rights have been granted in favour of the mother of the respondents 3 and 4. It was challenged in W.P.No.29532/2001. The matter has been remitted for fresh consideration. Thereafter, the respondent No.3 has been examined. She has stated that the land in question was a tenanted land and since about 60 years her mother was cultivating the land. There is a house situated in the land in question. She has produced tax paid receipts also. On 17.12.2011, a request has been made for grant of time on the ground that Smt.Varija.S.Bangera was under
treatment. The request has been rejected. The order sheet shows that sufficient time was granted for Varija.S.Bangera to lead her evidence. She has not led the evidence. The Tribunal considering the material on record has held that the land was a tenanted land and has granted occupancy rights. In the absence of any evidence on behalf of the petitioners, the Tribunal was justified in granting occupancy rights. 8 Therefore, the impugned order does not call for interference. There is no merit in this writ petition and therefore, it is liable to be dismissed.
Accordingly, the writ petition is dismissed.
Sd/-
JUDGE Bss.