Dismissed

Aboobakar S/O Late Babu Beary v. Tilaka @ Tilaka P Hegde W/O Premanath Hegde

Karnataka HC25 Jun 2012WA/2762/2011

Case brief

AI extract

What is this about?

The Writ Appeal sought to set aside an order of the Single Judge who quashed Land Tribunal's grant of occupancy rights for 60 cents of land. The Court found no reasonable grounds to interfere as no application was made for the specific land in time stipulated.

What did the court decide?

The Writ Appeal filed to set aside the Single Judge's order quashing the occupancy rights was dismissed.

Aboobakar S/O Late Babu Beary Vs Tilaka @ Tilaka P Hegde W/O… — Partition | Karnataka HC (2012)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25TH DAY OF JUNE, 2012

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PRESENT

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THE HON’BLE MR. JUSTICE K.L. MANJUNATH

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AND

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THE HON’BLE MR. JUSTICE V. SURI APPA RAO

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WRIT APPEAL No.2762/2011 (LR)

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BETWEEN:

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 Aboobakar s/o late Babu Beary,
 68 nyears, Pakeera Kodi House,
 Kolavoor village & Post,
 Mangalore Tq., D.K.. .. APPELLANT

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(By Advocate Sri.Cyril Prasad Pats)

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AND:

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1. Tilaka @ Tilaka P Hegde W/o Premanath @ Premananda Hegde, 50 years, R/at Nonal House, Kolavoor village & Post, Mangalore Taluk, D.K..

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2. Arun Hegde s/o late Ramdas Hegde, 45 years, R/at Nonal House, Kolavoor village & Post, Mangalore Tq. D.K..

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3. The Land Tribunal, Mangalore Tq., D.K.. .. RESPONDENTS

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(Advocate Sri.Taranath Poojary for R-1 & 2)
(Sri.M.Keshava Reddy, AGA for R-3)

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 - - - - -

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This WA is filed under Sec.4 of The
Karnataka High Court Act to set aside the order
passed in WP No.30756/2009 dated 6.9.2010.

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This Appeal is coming on for preliminary
hearing this day, APPA RAO J. delivered the
following:

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J U D G M E N T

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Respondents-1 & 2 have filed WP
No.30756/2009 to quash the order dated

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29.11.1980 passed by the Land Tribunal,

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Mangalore in LRT No.4545/1978-79 in favour of
the appellants father in respect of 60 cents of
land in Sy.No.57/2 of Kolavoor village.

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2.Brief facts are: Respondents are the owners
of land bearing Sy.No.57/2 of Kolavoor village
measuring 60 cents claiming to be in possession

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of the land since beginning. The Land Tribunal
by order dated 29.11.1980 granted occupancy

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rights of the said lands in favour of the father
of the appellants herein at Annexure-A. The
order passed by the tribunal clearly indicates
that Form No.7 had been filed on 15.7.1974.
Therefore, the tribunal granted occupancy rights
in favour of the father of the appellant in
respect of the lands enumerated in the order.
Admittedly, the lands in Sy.No.57/2 to an extent
of 60 cents is not claimed in Form No.7 but the
tribunal granted occupancy rights for 60 cents
in Sy.No.57/2 also. Respondents therefore filed
the writ petition before the learned single
Judge to quash the order passed by the tribunal
in respect of Ac 0-60 cents of land in
Sy.No.57/2. Learned single Judge allowed the
writ petition quashing the order dated
29.11.1980 granting the occupancy rights granted
in respect of Sy.No.57/2 measuring 60 cents.

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3. Aggrieved by the order passed by the learned
single Judge, R-1 filed this appeal. Counsel for
the appellant submitted that though the
appellants are in possession and enjoyment of
the schedule land in Sy.No.57/2, they could not
file form No.7 in time before the tribunal along
with other lands which are in occupation.
Admittedly, father of the appellants has not
submitted any application in respect of the land
bearing Sy.No.57/2, therefore learned single
Judge quashed the occupancy rights issued by the
tribunal on the ground that father of the
appellants has not submitted application. When
father of the appellants has not submitted
application in Form No.7 within the time
stipulated in respect of 60 cents of land in
Sy.No.57/2, learned single Judge was justified
in allowing the writ petition filed by the
respondent.

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4.We therefore see no reasonable grounds to
interfere with the order passed by the learned
single Judge. Appeal is therefore dismissed.

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 Sd/-
 JUDGE.

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 Sd/-

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JUDGE.

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R/270612

Aboobakar S/O Late Babu Beary v. Tilaka @ Tilaka P Hegde W/O Premanath Hegde

Case brief

What is this about?

What did the court decide?

Aboobakar S/O Late Babu Beary v. Tilaka @ Tilaka P Hegde W/O Premanath Hegde

Case brief

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What did the court decide?

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