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IN THE HIGH COURT OF DHARWAD BENCH

DATED THIS THE 31 st DAY OF JULY 2014

BEFORE

THE HON’BLE MR. JUSTICE H.BILLAPPA

WRIT PETITION NO.60899/2012 (LR)

BETWEEN:

1. BABU S/O. HANAMANTH GURAV @ PUJERI, AGE: 70 YEARS, OCC: AGRICULTURE, R/O: , TQ: , DIST: - 590 001

2. SHIDRAM S/O. HANAMANTH GURAV @ PUJERI, AGE: 67 YEARS, OCC: AGRICULTURE, R/O: SHINDIKURBET, TQ: GOKAK, DIST: BELGAUM - 590 001.

3. GANGAMMA W/O. ALLAPPA GURAV @ PUJERI, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: SHINDIKURBET, TQ: GOKAK, DIST: BELGAUM - 590 001.

4. MAHANTESH S/O. ALLAPPA GURAV @ PUJERI, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: SHINDIKURBET, TQ: GOKAK, : 2 :

DIST: BELGAUM - 590 001.

5. SHRIKANT S/O. ALLAPPA GURAV @ PUJERI, AGE: 32 YEARS, OCC: AGRICULTURE, R/O: SHINDIKURBET, TQ: GOKAK, DIST: BELGAUM - 590 001.

6. LAKKAWWA D/O. ALLAPPA GURAV @ PUJERI, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: SHINDIKURBET, TQ: GOKAK, DIST: BELGAUM - 590 001.

7. LAXMAN S/O. HANAMANTH GURAV @ PUJERI, AGE: 70 YEARS, OCC: AGRICULTURE, R/O: SHINDIKURBET, TQ: GOKAK, DIST: BELGAUM - 590 001. ... PETITIONERS (By Sri. SACHIN S MAGADUM, ADV. )

AND

1. STATE OF KARNATAKA, M.S.BUILDING, BY ITS SECRETARY, TO REVENUE DEPARTMENT, BANGALORE.

2. THE LAND TRIBUNAL, GOKAK, BY ITS CHAIRMAN, GOKAK, DIST: BELGAUM - 590 001.

3. RAMCHANDRA S/O. VENAPPA GURAV, AGE: 39 YEARS, OCC: AGRICULTURE, R/O: KALLIGUDDI, TQ: GOKAK, : 3 :

DIST: BELGAUM - 590 001.

SINCE DECEASED, BY HIS LRs

3(a) SUREKHA W/O RAMACHANDRA HUGAR @ GURAV 55 YRS

3(b) BALKRISHNA S/O RAMACHANDRA HUGAR @ GURAV 24 YRS, AGRICULTURIST

3(c) RAGHUNATH S/O RAMACHANDRA HUGAR @ GURAV 22 YRS, AGRICULTURIST

ALL R/O KALLIGUDDI, TQ: GOKAK DIST: BELGAUM.

4. GOPAL S/O. VENAPPA GURAV, AGE: 29 YEARS, OCC: AGRICULTURE, R/O: KALLIGUDDI, TQ: GOKAK, DIST: BELGAUM 590 001.

... RESPONDENTS

(By SMT.K. VIDYAVATHI, AGA FOR R1 & R2 R-4 DELETED SRI A.S. PATIL, ADV FOR R3(a to c))

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF PRAYING TO QUASH THE FURTHER PROCEEDINGS PENDING IN LRA-GK-77-12-75-76 AS PER ANNEXURE-G. : 4 :

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

In this writ petition under Articles 226 and 227 of the

Constitution of India the petitioners have called in question the proceedings bearing LRA-GK-77-12-75-76 vide

Annexure-G.

2. The respondents 3 and 4 had filed Form No.7 claiming occupancy rights in respect of Sy.No.47 of

Kalliguddi village. The 2 nd respondent pursuant to the direction of this Court in W.P.No.5791/80 after holdng enquiry has granted occupancy rights in respect of

Sy.No.47 in favour of the respondents 3 and 4 by order dated 7.3.1989 as per Annexure-D. It has become final.

Thereafter, proceedings have been initiated by the Land

Tribunal, Gokak, in respect of Sy.No.46 of Kalliguddi village.

The said proceedings have been challenged in this writ petition. : 5 :

3. Now the petitioners and the L.Rs of 3 rd and 4 th respondents have compromised the matter. They have filed a joint memo dated 20.3.2014 and affidavits of respondents 3(a) to 3(c) on 25.6.2014. The joint memo cannot be considered by this court. It needs to be considered by the Tribunal. Therefore, it is appropriate to send the joint memo and affidavits filed by the parties to the Land Tribunal, Gokak, for consideration.

Accordingly, the writ petition is disposed of as follows:

Office is directed to send the joint memo and affidavits of respondents 3(a) to (c) filed on 25.6.14 to the

Land Tribunal, Gokak, for consideration. It is stated, the

Land Tribunal is not functioning now. The parties can appear before the Land Tribunal, Gokak, when it is constituted or the Land Tribunal, Gokak, shall issue notice to the concerned parties and thereafter consider the joint : 6 :

memo and affidavits filed by the petitioners and respondents 3(a) to (c) in accordance with law.

Sd/- JUDGE

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