Mrs Deepa Nani Ghatt vs The Land Tribunal

Citation : 2024 Latest Caselaw 18965 Kant
Judgement Date : 30 July, 2024

Karnataka High Court

Mrs Deepa Nani Ghatt vs The Land Tribunal on 30 July, 2024

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                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 30TH DAY OF JULY, 2024

                                                BEFORE
                               THE HON'BLE MR. JUSTICE E.S.INDIRESH
                                WRIT PETITION NO.18445 OF 2015 (LR)


                      BETWEEN:



                      1.      MRS. DEEPA NANI GHATT
                              W/O MADHU NANDI GHATT
                              AGED ABOUT 35 YEARS
                              R/AT NO.86 & 87
                              RANKA COLONY
                              KAVALBYRASANDRA
                              SULTANPALYA
                              BENGALURU-560 032.

                      2.      MR. BHASKAR NAIDU
                              S/O MR. G. VENKATAPATHI NAIDU
                              AGED ABOUT 52 YEARS

                      3.      MRS. C.K. CHANDRA
                              W/O MR. A BHASKAR NAIDU
Digitally signed by
ARUNKUMAR M S                 AGED ABOUT 44 YEARS
Location: High
Court of Karnataka

                              RESPONDENT NOS. 2 AND 3 ARE
                              R/AT NO.642, 3RD CROSS
                              HMT LAYOUT, R.T. NAGAR
                              BENGALURU-560 032.


                      4.      S.R. LAKSHMIPATHI
                              S/O RAJAGOPALAIAH
                              AGED ABOUT 40 YEARS
                              R/AT NO.451, 7TH CROSS
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         11TH BLOCK, R.T. NAGAR
         BENGALURU-560 032.

                                           ...PETITIONERS

     (BY SMT. S. SUSHEELA, SENIOR ADVOCATE FOR
     SRI. P.M.NARAYANASWAMY, ADVOCATE)


AND:

1.        THE LAND TRIBUNAL
          BENGALURU NORTH TALUK
          BENGALURU,REPRESENTED BY
          ITS CHAIRMAN.

2.        MR.M.MUNIKRISHNAPPA
          S/O LATE MUNISWAMAPPA @
          MURARAPPA @ MARUTHI
          AGED ABOUT 52 YEARS
          R/AT NO.267, KODIGEHALLI
          GANGAGHAVANI ROAD
          SAHAKARANAGARA,
          BENGALURU-560 092.

3.        MRS. SHANTHA
          SINCE DECEASED REP. BY LRS.

3(i).     K. SUNIL
          S/O LATE SRINIVAS
          AGED ABOUT 37 YEARS

3(ii).    K.S. SUJAY
          S/O LATE SRINIVAS
          AGED ABOUT 35 YEARS.

3(iii). MR. RAJAN
        S/O LATE RAGHAVENDRA
        AGED ABOUT 30 YEARS.

          RESPONDENT NOS.3(i) TO 3(iii)
          ARE R/AT NO.85
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SEETHA VULAS EAST
ANJENEYA TEMPLE STREET
BASAVANAGUDI
BENGALURU - 560 004.

MR. RAMACHANDRA
SINCE DECEASED REP. BY LRS.

KUMUDA
W/O LATE RAMACHANDRA
AGED ABOUT 59 YEARS

MURALI
S/O LATE RAMACHANDRA K.,
AGED ABOUT 36 YEAR

BOTH 4(a) & 4(b) ARE
RESIDING AT NO.20,
1ST MAIN ROAD
BINNY LAYOUT
BENGALURU-560 040.

MRS. AHALYA
MAJOR
RESIDING AT
TALAKADUSUBBARAO ROAD
NELAMANGALA
BENGALURU RURAL DISTRICT.

MR. SHAMA RAO
SINCE DECEASED REP. BY LRS.

MS. UMA
AGED MAJOR

MS. PUSHPA
AGED MAJOR


BOTH RESPONDENT NOS.6(i)
AND 6(ii)
R/AT TALAKADU SUBBARAO
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       ROAD, NELAMANGALA
       BENGALURU RURAL DISTRICT.
7.
       M/S. GRAVIMANS CONSTRUCTION
       AND PRIVATE LIMITED
       OFFICE AT NO.40
       RAGHAVENDRA KRUPA,
       SANJAYNAGAR,
       BENGALURU-560 094
       REPRESENTED BY AUTHORISED
       SIGNATORY
       MR. SANJAY KUMAR.
                                         ...RESPONDENTS
(BY SRI. RAJENDRA K.R., AGA FOR R1;
SRI. G.KRISHNAMURTHY, SENIOR ADVOCATE
FOR SRI. CHETHAN B., ADVOCATE FOR R2;
SRI. PARASHURAM AJJAMPUR LAKSHMAN,
ADVOCATE FOR R3(i TO iii);
SRI. M.C. BASAVARAJU, ADVOCATE FOR R4 (a & b);
SRI. B.V. SANDEEP KUMAR, ADVOCATE FOR R7;
R5 & R6 (i & ii) SERVICE OF NOTICE HELD
SUFFICIENT V/O DATED 22.07.2019)



     THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

QUASH THE ORDER DATED 24.02.2015 ISSUED BY THE

RESPONDENT NO.1 IN LRF NO.582/95-96 (ANNEXURE-J).




     THIS WRIT PETITION HAVING BEEN RESERVED FOR

ORDERS,   COMING    FOR   PRONOUNCEMENT      THIS   DAY,

E.S. INDIRESH J., MADE THE FOLLOWING:
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CORAM:      HON'BLE MR JUSTICE E.S.INDIRESH


                               CAV ORDER

           (PER: HON'BLE MR. JUSTICE E.S.INDIRESH)



1.     In this writ petition the petitioners are assailing the Order

dated 24.02.2015 (Annexure-J) in LRF No.582/95-96, passed

by the respondent No.1.



2.     Relevant facts for adjudication of the writ petition as

contended    by   the    petitioners        are,   that    the   husband of

respondent No.3 - K.N. Ramachandra was owner of the land

bearing Sy. No.13 measuring 1 acre 20 guntas of Kodigehalli

Village, Bengaluru South Taluk and the subject land has been

converted for non agricultural purpose as per the order of

conversion dated 25.05.1990 (Annexure-A). It is stated in the

Writ Petition that the respondent - authority has issued

endorsement dated 25.07.1994 (Annexure-B) stating that there

is no Form No.7 filed seeking for grant of occupancy right in

respect of the land in question. It is also stated that after the

death of husband of the respondent No.3, revenue records

were    transferred     into    the     name       of     respondent   No.3.
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Thereafter, the respondent No.3 has sold the sites formed in

the converted land of original Sy. No.13 of Kodigehalli Village,

in favour of the petitioners, as per registered Sale Deed dated

30.05.2002    (Annexure-C)     in    favour    of   petitioner      No.1,

registered sale deed dated 08.02.2002 (Annexure-D) in favour

of petitioner No.2, registered sale deed dated 08.02.2002

(Annexure-E) in favour of petitioner No.3 and sale deed dated

28.06.2002 (Annexure-F) in favour of petitioner No.4. It is

further stated in the Writ Petition that, land in question was

notified for acquisition for the benefit of M/s.N.T.I. Housing Co-

operative Society Ltd., Bengaluru, and in this regard, petition in

W.P. No.23974/1996 was filed by the above Society against

the respondent No.3 herein, challenging the order dated

05.07.1996    issued   by    the    second     respondent      as     per

Annexure-E, and this Court, by Order dated 13.09.1996

(Annexure-G1),    dismissed    the    Writ     Petition.    Thereafter,

M/s.N.T.I.   Housing     Co-operative         Society      Ltd.,     filed

W.A.No.8513/1996 and this Court, by Order dated 04.03.1998,

dismissed the Writ Appeal(Annexure-G2). It is also stated by

the petitioners that, the respondent No.2 herein, contending

that he has filed application in Form-7 seeking occupancy right
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in respect of the subject land and as such filed W.P.

No.40025/1995, seeking direction to the Land Tribunal to

consider his application in Form No.7 and accordingly, this

Court, by Order dated 23.11.1995 (Annexure-H), directed the

Land Tribunal to dispose of Form No.7 filed by the respondent

No.2. It is also stated by the petitioners that the Land Tribunal,

pursuant to the direction issued by this Court in W.P.

No.40025/1995, passed Order dated 17.09.1996, holding that

the petitioner in W.P. No.40025/1995 has not filed Form No.7

and the said Order dated 17.09.1996 was questioned before

this Court in W.P. No.32949/1996 and this Court, by Order

dated 06.12.1996 (Annexure-H1), set aside the Order dated

17.09.1996 passed by the Land Tribunal and remitted the

matter to the Land Tribunal for fresh consideration. Pursuant to

the direction issued by this Court, the Land Tribunal conducted

an enquiry and passed Order dated 28.05.2001 (Annexure-H2)

holding   that   the   respondent    No.2   herein   had   not   filed

application in Form No.7 and again the said Order dated

28.05.2001 (Annexure-H2) passed by the Land Tribunal was

questioned before this Court in W.P. No.21659/2001. This

Court, by Order dated 14.02.2007 (Annexure-H3) remitted the
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matter to the Land Tribunal, as this Court found that, in the

Land Tribunal records, the Form No.7 filed by respondent No.2

was   packed    with   plastic   paper.   The    said   Order   dated

14.02.2007     (Annexure-H3)      in   W.P.    No.21659/2001     was

questioned by the petitioners herein in W.A. No.1682/2008 and

2164-65/2008 and Division Bench of this Court, by Judgment

dated 06.11.2009 (Annexure-H4), disposed of the Writ Appeals

reserving liberty to the parties to adduce additional evidence

before the Land Tribunal. Pursuant to the Order passed by this

Court in W.A. No.1682/2008 and 2164-65/2008, the Land

Tribunal conducted an enquiry and granted occupancy rights in

favour of the respondent No.2 herein, as per Order dated

24.02.2015 (Annexure-J) and feeling aggrieved by the same,

the petitioners have presented this Writ Petition.



3.    It is the case of the petitioners that the impugned order

dated 24.02.2015 at Annexure-J is non est as the said order is

contrary to the endorsement dated 09.09.2019 (Annexure-K)

and   endorsement      dated     12.12.2018      (Annexure-L)    and

therefore, it is the contention of the petitioners that, the
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impugned order at Annexure-J passed by the Land Tribunal

requires to be set aside and as such, this writ Petition is filed.



4.    I have heard Smt. S. Susheela, learned Senior Counsel

appearing on behalf of Sri. P.M. Narayanaswamy, learned

counsel for the petitioners, Sri. G. Krishnamurthy, learned

Senior Counsel appearing on behalf of Sri. Chetan B., learned

counsel    for   respondent     No.2    and    learned    Additional

Government Advocate for respondent No.1-State.



5.    Smt. S. Susheela, learned Senior Counsel appearing for

the petitioners contended that, husband of respondent No.3

was owner in possession of the land in question and the land

has been converted for forming residential sites as per

Annexure-A. It is also submitted that, after the demise of the

original owner - K.N. Ramachandra, respondent No.3 being the

wife of deceased K.N. Ramachandra, sold the sites formed in

the schedule property in favour of the petitioners. It is

contended by the learned Senior Counsel for the petitioners

that the proceedings in W.P. No.23974/1996 was initiated at

the instance of M/s.N.T.I. Housing Co-operative Society Ltd.,

alleging that the land in question has been acquired for the
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benefit of the Society and same was rejected as per Annexure-

G1, which came to be confirmed in W.A. No.8513/1996 dated

04.03.1998       and   as   such,    it       is   contended   that,   as    the

respondent No.2 has not raised his grievance during the

aforementioned proceedings, cannot be declared as tenant of

the land in question and accordingly, sought for dismissal of the

Writ Petition.



6.    Nextly, it is contended by the learned Senior Counsel

for   the   petitioners     that    the       respondent   No.2    has      filed

W.P. No.40025/1995 stating that, he has filed Form No.7 on

05.03.1976 and same has not been considered and she further

emphasised that, though the respondent No.2 has stated that

he has filed Form No.7 during 1976, kept quiet for nearly two

decades and raised plea with regard to filing of the Form No.7

during 1995. It is also contended by the learned Senior Counsel

that after remand made by this Court in W.P. No.32949/1996,

the Land Tribunal considered the entire material on record held

that the respondent No.2 has not filed Form No.7, after

verifying with the contemporary records, and                    same would

establish the fact that, there was no Form No.7 filed by the
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respondent No.2. Therefore, it is the contention of the learned

Senior Counsel for the petitioners that the finding recorded by

the Land Tribunal at Annexure-J is non est on the ground that

so called Form No.7 said to have been considered by the Land

Tribunal at Annexure-J, appears to be inserted after two or

three decades and therefore, contended that, the said aspect of

the matter was not appreciated by the Land Tribunal while

passing the impugned order.



7.    It is also submitted by learned Senior Counsel for the

petitioners that, the respondent - authorities have issued

endorsements at Annexure-B dated 25.07.1984 and Annexure-

K, dated 09.09.2019, holding that there is no Form No.7 said to

have been filed by the respondent No.2 herein and there was

no discussion made by the Land Tribunal regarding the said

aspect of the matter and accordingly, sought for interference of

this Court. Finally it is contended by the learned Senior Counsel

for the petitioners that, so called Form No.7 considered by the

Land Tribunal for granting occupancy rights was not available in

the original file itself during the earlier two proceedings held by

the Land Tribunal and therefore, no discussion has been made
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by the Land Tribunal in the impugned order with regard to the

same and therefore, sought to quash the impugned order at

Annexure-J on the ground that there was no contemporary

records in the office of the Land Tribunal, as per the

endorsement (Annexure-P) dated 03.02.1989 which stipulates

about the non availability of alleged Form No.7 said to have

been considered by the Land Tribunal and accordingly, sought

for interference of this Court.



8.    Per contra, Sri. G. Krishnamurthy, learned Senior counsel

appearing for the contesting respondent No.2 invited the

attention of the Court to the observation made by this Court in

W.P. No.21659/2001 (Annexure-H3) and submitted that, the

Form No.7 which was filed by respondent No.2 on 05.03.1976

was not considered by the Land Tribunal on the earlier occasion

till this Court enlightened the Land Tribunal to look into the

same and therefore, sought for dismissal of the petition.

Learned Senior Counsel also submitted that Land Tribunal while

passing the impugned order at Annexure-J has considered the

preliminary register at Ex.P20 which shows the name of father

of respondent No.2, was in cultivation of the land in question
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during 1966 and further, pahani and other revenue records

indicate about the cultivation made by the father of respondent

No.2 and on his demise, the respondent No.2 was continued to

be a cultivator of this land in question and therefore, it is

contended by learned Senior Counsel that the Tribunal having

taken note of the entire material on record has rightly come to

the conclusion to issue occupancy right in favour of the

respondent    No.2,   whereby     the    ingredients   for   granting

occupancy right under the provisions of the Karnataka Land

Reforms Act, 1961 has been taken care of and as such, the

Land Tribunal rightly arrived at the conclusion which cannot be

unsettled by this Court by exercising jurisdiction under Article

226 of the Constitution of India. It is also submitted by the

learned Senior Counsel appearing for respondent No.2 that,

father of respondent No.2 had filed Form No.7 on 05.03.1976

itself and therefore, referring to the averments made in the

statement of objections and the evidence adduced by the

parties before the Land Tribunal after the remand order passed

by this Court, the finding recorded by the Land Tribunal is just

and proper and as such, sought for dismissal of the Writ

Petition.    In   order    to        buttress    his     arguments,
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Sri. G. Krishnamurthy, learned Senior Counsel places reliance

on the judgment of the Hon'ble Supreme Court in the case of

RAM AND ANOTHER VS. STATE OF KARNATAKA AND

OTHERS reported in (2004) 7 SCC 796 and contended that,

this Court cannot upset the finding recorded by the Land

Tribunal by exercising jurisdiction under Article 226 and 227 of

Constitution of India.



9.    Learned Additional Government Advocate has produced

the original records received from the Office of the Land

Tribunal - respondent No.1.



10.   In the light of the submissions made by the learned

counsel appearing for the parties, I have carefully examined

the rival contentions raised by the parties and perused the

original records. The core question to be answered in this Writ

Petition is in the light of the observation made by this Court in

W.P. No.21659/2001 dated 14.02.2007 (Annexure-H3) and

Order dated 06.11.2009 in W.A. No.1682/2008 and 2164-

65/2008 (Annexure-H4), whether the Form No.7 said to have

been filed by father of respondent No.2 is genuine and filed

before the Land Tribunal on 05.03.1976.     In this regard, it is
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the specific contention of the petitioners that, the land in

question was never a tenanted land and further no Form No.7

was filed by the father of the respondent No.2 and the alleged

Form No.7 said to have been filed on 05.03.1976 has been

inserted belatedly to knock off the subject land, which is a fake

Form No.7 and same ought to have been rejected by the Land

Tribunal.



11.    On the other hand, the case of the contesting respondent

No.2 is that Form No.7 was filed on 05.03.1976 and the RTC

extracts stand in the name of father of the respondent No.2 for

more than four decades and they were in cultivation of the land

in question and as such, sought for confirmation of the

impugned order at Annexure-J passed by the respondent No.1.



12.    At    this   juncture,    it    is      relevant     to     consider   the

endorsement dated 25.07.1984 (Annexure-B) issued by the

Special Tahsildar for Land Reforms, Bangalore North Taluk, that

there was no Form No.7 filed in respect of the subject land. It is

also the finding recorded by the Land Tribunal at Annexure-H2

that the filing of Form No.7 by the father of the respondent

No.2    is   not    found   in    the          Register.    That     apart,   the
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respondent-authority       has    issued     the   endorsement       dated

03.02.1989 (Annexure-P) stating that the competent authority

has rejected the claim about filing of Form No.7 by father of

respondent No.2. In the backdrop of these aspects, it is

relevant to extract the observation made by this Court at para

Nos.3     to   5   in   W.P.   No.21659/2001          dated   14.02.2007

(Annexure-H3), which reads as under:


               "The     Land   Tribunal     records    have   been
        secured. It is now found in the Land Tribunal
        records that the Form No.7 filed by the petitioner is
        available and safely packed with plastic paper.

               The Learned Counsel for the respondents
        submits that Form No.7 in question is a concocted
        document and that on earlier two occasions, it has
        been categorically found that there is no Form No.7
        filed by the petitioner. The endorsement is also
        issued to that effect by the Tahsildar that the
        petitioner has not filed any Form No.7.

               Keeping in view the above submissions, the
        order of the Tribunal is set aside. The matter is
        remitted to the Tribunal to find out whether the
        Form No.7 in question available in the file is a
        genuine one and filed within time. If the Tribunal
        finds that Form No.7 in question available in the file
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     is a genuine one and filed within time.          If the
     Tribunal finds that Form No.7 is a genuine one
     then, further enquiry to be held and the case to be
     disposed of in accordance with law."



13. It is also relevant to extract the observation made by this

Court at paragraph No.13 and 14 in W.A. No.1682/2008 and

2164-65/2008 dated 06.11.2009 (Annexure-H4), which reads

as under:


            "13. The aforesaid legal contentions urged by
     the learned Counsel for the parties are all disputed
     question of fact, which are required to be gone into
     by the fact finding Land Tribunal on the basis of the
     evidence that will be produced by both the parties.
     In this view of the matter, it is open for both the
     appellants and the 2nd respondent to adduce both
     oral and documentary evidence before the Land
     Tribunal to justify the respective claim and counter
     claim. The original RTC records and register of
     villagewari for receiving the Form No.7 application
     maintained    by   the   Land     Tribunal   which   are
     produced before us including the records of rights
     must be made available to the tribunal by the
     Tahsildar and get those original documents, RTC
     records marked through the competent person and
     the appellants and also the 2nd respondent may be
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examined      as     witnesses            to   produce    additional
evidence in support of their respective claim an
counter     claim.    For    the          above    said    purpose,
Tahsildar of the Taluk should keep them in safe
custody till they are required to be produced before
the Land Tribunal. Thereafter the Land Tribunal on
appreciation of facts and evidence that will be
produced on record and the evidence that would be
adduced before the Tribunal including the fact of
filing of Form No.7 is filed or not within the
prescribed time and also the endorsement sought
to be produced in these proceedings whether
certified copy of the said endorsement is issued by
the Secretary of the Land tribunal and also the
certified copy of Form No.7 issued in favour of the
uncle of the 2nd respondent also can be a subject
matter for consideration of the tribunal. It is open
for   the   appellants      to     establish their        case   by
adducing evidence and to cross-examine the 2nd
respondent before the tribunal. Therefore, we have
permitted the appellants to challenge the same
before the Land Tribunal. For the above said
reasons, we decline to interfere with the order of
remand to the land tribunal. However, we dispose
of these appeals, with the above liberty to the
parties and observations. However, direction is
given to the Land Tribunal to permit the parties to
adduce the evidence in this regard to establish their
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      claim and counter claim to dispose of the same in
      accordance with the observations made in this
      judgment.



            14. With the above observations. these writ
      appeals are disposed of. Parties are at liberty to
      adduce    additional   evidence     both     oral   and
      documentary evidence before the land tribunal. It is
      open for either of the parties to file such and
      application seeking any such interim orders that
      may be warranted in the facts and circumstances of
      the case. If, such and application for interim order
      is filed, the land tribunal shall consider and dispose
      of the same as expeditiously as possible keeping in
      view the urgency of the same that may be urged in
      the application by either of the parties."



14.   The Division Bench of this Court specifically directed the

Land Tribunal to record finding whether the Form No.7 said to

have been filed by the father of respondent No.2 is filed within

the prescribed time and to give a finding with regard to the

availability of Form No.7 in the original records by looking into

the contemporary records. Having taken note of the above

observation, the Land Tribunal has framed three questions for

consideration and it is made clear that, though questions/issues
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have been framed by the Land Tribunal relating to genuineness

of the alleged Form No.7 said to have been filed by the father

of respondent No.2, it is to be noted that, as per the evidence

adduced by respondent No.2 (Annexure-Q), would indicate the

name of the father of the respondent No.2 as Munishamappa,

Urf Murarappa. However, in Form No.7 marked as Ex.P6 by the

Land Tribunal indicate the name of the father of the respondent

No.2 as Muniswamappa, Son of Ottiga. Perusal of the finding

recorded by the Land Tribunal at paragraphs 23 to 25 of the

impugned order makes it clear that, the Land Tribunal has

arrived at a conclusion that no documents have been produced

by the petitioners herein for rejecting the claim made by the

father of the respondent No.2. In the light of the observation

made above that, the Form No.7 said to have been filed by the

father of the respondent No.2 was not available in the file for

more than two occasions where the Tribunal has passed order

and in the light of the said observation made above, as there

is spurious suspicion as to how the said Form No.7 was put into

a laminated cover during 1976 and therefore, as there is

perversity in the impugned order passed by the Land Tribunal

and that apart, the Land Tribunal has not applied it mind in a
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manner known to law by following the procedure contemplated

under the Karnataka Land Reforms Act, I am of the view that

the judgment referred to by learned Senior Counsel for the

respondent No.2 in RAM AND ANOTHER (supra) is not

applicable to the case on hand as there is blatant illegality in

the impugned order passed by the Land Tribunal.



15.   Though the learned Senior Counsel appearing for private

respondent contended about reflecting of the name of the

respondent     No.2    in   RTC    extracts,   however,    nothing   is

forthcoming in the RTC extracts for the year 1973-74.            That

apart, way back in 1990 itself, the land in question has been

converted      for   residential    purpose    and   the   acquisition

proceedings initiated for the benefit of the N.T.I. Society at

Annexures-G1 and G2 makes it clear that, the vendor of the

petitioners herein - respondent No.3 is in possession of the land

in question.    It is needless to say that, the respondent No.2

herein has filed W.P. No.40025/1995 alleging about the filing of

Form No.7, after nineteen years, and there was no explanation

offered with regard to the same by the respondent No.2 in his

evidence at Annexure-Q before the Land Tribunal. For nearly
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nineteen years, the respondent No.2 did not make any effort to

insist for looking into the Form No.7 filed by father of the

respondent No.2. It is also to be noted that, on two earlier

occasions, the Land Tribunal has arrived at a conclusion that

there was no Form No.7 filed in respect of the land in question

and same has come into light only during the proceedings in

W.P.No.21659/2001 dated 14.02.2007 (Annexure-H3) and that

apart, the said original Form No.7 was kept in a laminated

cover and whether lamination was done by father of the

respondent No.2 during 1976 or whether it was laminated by

any respondent authorities, which is suspicious in nature and

therefore, I am of the view that, whether the said application

was laminated while filing the same on 05.03.1976 is yet to be

answered by the Land Tribunal by looking into the genuineness

of the said document in terms of the order passed by this Court

in W.P. No.21659/2001 dated 14.02.2007 (Annexure-H3) and

Order dated 06.11.2009 in W.A.No.1682/2008 and 2164-

65/2008 (Annexure-H4). Undisputedly said aspect has not been

considered by the Land Tribunal in terms of the direction issued

by this Court. Hence, the reasons assigned by the Land

Tribunal in the impugned order at Annexure-J is per se illegal
                                  - 23 -
                                               NC: 2024:KHC:30131
                                             WP No. 18445 of 2015




and no cogent reasons assigned by the Land Tribunal in this

regard and as such same cannot be accepted, as the same is

devoid of merits and further same requires to be re-assessed

by the Land Tribunal in the light of the observations made

above.


16.   In the result, I pass the following:


                               ORDER
      (i)     Writ Petition is allowed.


      (ii)    The order dated 24.02.2015 in LRF No.582/95-96

(Annexure-J) passed by the respondent No.1 is set aside and matter is remitted to the Land Tribunal for early consideration in the light of the observation made above.

(iii) The respondent No.1 - Land Tribunal is directed to dispose of the petition in LRF No.582/95-96 at the earliest after providing fair opportunity to both side parties.

SD/-

(E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 56