ANDHANAPPA Vs. STATE OF KARNATAKA
LAWS(KAR)-2022-12-19
HIGH COURT OF KARNATAKA
Decided on December 09,2022

Andhanappa Appellant
VERSUS
STATE OF KARNATAKA Respondents


Referred Judgements :-

SADHANA LODH VS. NATIONAL INSURANCE COMPANY LIMITED [REFERRED TO]


JUDGEMENT

- (1.)Petitioner claiming to be the tenant of subject land is knocking at the doors of Writ Court for assailing the Land Tribunal order dtd. 29/8/2011, a copy whereof avails at Annexure-F whereby his application in Form 7 filed under Sec. 48A of the Karnataka Land Reforms Act, 1961 has been negatived inter alia on the ground that he has not been in the cultivation of the subject land at all.
(2.)Learned counsel for the Petitioner seeks to falter the impugned order arguing that: there is a wealth of material evidencing Petitioner's cultivation of the subject land which the Tribunal has left unconsidered; he was cultivating the land in question and his name appear in the revenue records. Though in W.P.No.40300/2001 (KLRA), a Coordinate Judge vide order dtd. 24/7/2007 had permitted the Petitioner to adduce additional evidence after quashment of the earlier LT order, such an opportunity was denied by the Tribunal. So contending, he seeks voiding of the impugned order.
(3.)Learned HCGP appearing for the State and the Tribunal, resists the Writ Petition making submission in justification of the impugned order and the reasons on which it has been constructed. Learned counsel appearing for the private Respondents argues that the order made in the earlier Writ Petition is being misinterpreted by the Petitioner to substantiate his ground of violation of principles of natural justice. Petitioner or his father was never in the cultivation of the land. Had he been, that fact would have been mentioned in the registered sale deed dtd. 1/5/1963 under which Petitioner's father had bought 1 Acre and 30 Guntas in the same survey number. Even otherwise, Petitioner's case is untrustworthy. So contending, they seek dismissal of the Writ Petition.


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