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IN THE HIGH COURT OF CIRCUIT BENCH, AT DHARWAD

DATED THIS THE 26 TH DAY OF NOVEMBER, 2012

BEFORE

THE HON’BLE MR.JUSTICE H.N.NAGAMOHAN DAS

W.P. No. 2943/2006 (LR)

BETWEEN:

1. PARAMESHWAR HONNA GOWDA S/O HONNA GOWDA, AGE:51 YEARS OCC. AGRICULTURIST, R/O BAILKERI, ADIGON, TQ. , .

2. PURSU HONNA GOWDA S/O HONNAGOWDA AGE:48 YEARS, OCC. AGRICULTURIST & ATTENDER, R/O. BAILKERI, POST ADIGON ANKOLA TALUK. ... PETITIONERS

(BY SRI : NARAYAN V. YAJI, ADVOCATE)

AND :

1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA BANGALORE, REP BY SECRETARY. : 2 :

2. THE ASSISTANT COMMISISONER KUMTA SUB-DIVISION, KARWAR.

3. RADHAKRISHNA D. SHET S/O. DYANAND SHET AGED ABOUT 35 YRS R/O. HOSKERI, POST KADAME KUMTA TALUK, KARWAR DISTRICT. ... RESPONDENTS

(BY SMT. K. VIDYAVATHI, AGA FOR R1 & R2; R3 IS SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF PRAYING TO QUASH THE ORDER PASSED BY THE KARNATAKA APPELLATE TRIBUNAL DATE IN APPEAL NO. 1736/2003 ORDER DT. 19.8.2005 VIDE ANX. F, TO THE WRIT PETITION AS IT IS ILLEGAL AND UNCONSTITUTIONAL.

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

In this writ petition the petitioners have prayed for a

writ in the nature of certiorari to quash the order dated

19.08.2005 in Appeal No. 1736/2003 passed by the

Karnataka Appellate Tribunal, Bangalore. : 3 :

2. Petitioners claiming to be the tenants in Sy. No.

83/3B to an extent of 1 acre 11 guntas situated in Adigon village, Ankola taluk, filed an application under Section 77A of the Karnataka Land Reforms Act, 1961, for confirmation of occupancy rights. The 2 nd respondent vide order dated

10.09.2000 as per Annexure-C granted occupancy rights.

3. Aggrieved by this order, the 3 rd respondent filed an appeal before the Tribunal in Appeal No. 1736/2003. The tribunal after hearing both the parties passed the impugned order, allowed the appeal and set aside the order passed by the 2 nd respondent. Hence, this writ petition.

4. The Tribunal by following the law laid down by this

Court in Hosabayya Nagappa Naik and Others vs. State of Karnataka, reported in ILR 2002 KAR 1342 , passed the impugned order. The Tribunal noticed that the name of petitioners nor their predecessors in title do not find a place in the RTC extracts for the year 1970-71 to 1982-83. Even thereafter the names of petitioners do not find a place. : 4 :

There is no other evidence to prove that petitioners are the tenants in the land in question. In the circumstances, the impugned order passed by the Tribunal is in accordance

with law declared by this Court in the judgment referred supra I find no justifiable ground to interfere with the impugned order. Accordingly, the petition is hereby dismissed.

Sd/ JUDGE hnm/