B. S. KESHAVA PRASAD S/O LATE SUNDAR RAJ IYYANGAR v. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE
2017-02-06
RAVI MALIMATH
body2017
DigiLaw.ai
ORDER : The petitioners claim to be the landlords with reference to Survey.No.273/1 of Eshwarahalli village, Lakya hobli, Chikkamagaluru District. Respondent No.3 claims to be the tenant. The Land Tribunal considering the plea of the respondents granted occupancy rights with respect to Survey No. 273/1 measuring 3 acres 33 guntas on the ground that there was rectification in the sale deeds vis-à-vis the land bearing Survey No.271. In the earlier round of litigation, by the order dated 20th August, 2003 passed in writ appeal No. 4565/2002 the Division Bench took notice of this fact. It held in para5 that the correction was made in the sale deed mentioning the correct Survey No. 273/1 instead of 271. That the correction has been made in the pahani and this can only be done by the competent authority. Therefore, the matter was remanded to the Land tribunal to consider the case of the appellant on the basis of the rectification deed dated 21-1-2003 while granting liberty to the parties to adduce additional evidence in accordance with law. 2. Therefore, the issue has come up for consideration herein, in view of the fact that there is no entry made by the concerned authorities with regard to the sale deed or otherwise. It is on an assumption that the rectification has been made, the Land Tribunal has passed the impugned order granting occupancy rights to the respondents herein. Under these circumstances, it is only just and necessary that the concerned authority namely, the Tahsildar shall take into account these facts and thereafter make relevant entries after hearing both the parties. It is only thereafter that the matter could be considered afresh by the Land Tribunal based on the said entries. Under these circumstances, on the question of law, it would be just and necessary to set aside the order. (1) Consequently, the petition is allowed. The order dated 3-9-2007 vide Annexure-F passed by the respondent Land Tribunal, Chikkamagaluru, is set aside. (2) The Tahsildar, Chikkamagaluru, is directed to consider the matter with reference to the corrections made in the sale deed and thereafter pass appropriate orders. On such orders being passed, the Land Tribunal is directed to consider the case on merits. In view of the long pendency of the matter, the Tahsildar is directed to pass appropriate orders within a period of 6 months from the date of appearance.
On such orders being passed, the Land Tribunal is directed to consider the case on merits. In view of the long pendency of the matter, the Tahsildar is directed to pass appropriate orders within a period of 6 months from the date of appearance. The parties to appear before the Tahsildar on 20th March 2017. On passing of such an order by the Tahsildar, the Land Tribunal to hear the parties and pass appropriate orders within a period of 6 months thereafter. All contentions kept open. Rule made absolute.