The High Court disposed of a writ petition arising from long pendency in a claim for occupancy rights. The Court directed the Government to constitute Land Tribunals on a war footing to adjudicate pending tiller claims and ensure speedy justice.
Direction to the Government to constitute Land Tribunals on a war footing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER , 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.14293 OF 2017(LR)
BETWEEN:
...PETITIONERS
(BY SRI.PAVANA CHANDRA SHETTY H, ADVOCATE)
AND:
… RESPONDENTS
(BY SRI.V SESHU, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 AUTHORITY / DEPUTY COMMISSIONER, MANDYA
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DISTRICT TO CONSIDER THE PETITIONERS' REPRESENTATION EFFECTGIVELY, MADE ON 20.10.2015 AND FURTHER DIRECT THE R-1 TO CONSTITUTE LAND TRIBUNAL, AT K.R. PET TALUK, MANDYA DISTRICT TO DISPOSE THE LRF NO.1359/74-75 AS PER THE DIRECTION OF THIS HON'BLE COURT IN W.P.24227/1991 VIDE ORDER DATED 22.6.1998 AT ANNEX-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The short grievance of the Petitioners is as to long pendency of their application seeking grant of occupancy in Form 7 under Section 48-A of the Karnataka Land Reforms Act, 1961,. Learned counsel for the Petitioners notifies to the Court, Judgment dated 22.06.1998 obtained at the hands of a Coordinate Bench of this Court in W.P.No.24227/1991 wherein a direction was issued to the Land Tribunal to decide the lis within nine months. Since then, two & a half decades have lapsed and nothing has been done in the matter. So arguing, learned counsel for the Petitioners seeks a direction to the Government to constitute Land Tribunal and then another direction to the Tribunal to adjudge this Form 7 in accordance with law and in a time bound way.
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respondents submits that the proposals have been sent
for the formation of the Land Tribunal by making appointment of certain persons vide proceedings dated 06.02.2020 and that the process will be accomplished within a reasonable period. Speedy justice being a facet of Fundamental Right to life under article 21 as recognized by the Apex Court in HUSSAINARA KHATOON VS. STATE OF BIHAR (1980) 1 SCC 81. It hardly needs to be stated that long pendency militates against this Constitutional facet.
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like ours. More is not necessary to specify and less is
insufficient to leave it unsaid .
In view of the above, this petition is disposed off directing the Government to constitute the Tribunals on a war footing so that the pending claims of thousands of tillers can be taken up for consideration leaving no scope for complaints of the kind.
The Registry shall immediately send a copy of this order to the Chief Secretary, Government of Karnataka, Vidhana Soudha, Bengaluru, by Speed Post with Acknowledgement due.
Now, no costs.
Sd/JUDGE
Bsv
3 issues framed by the court
Whether the Government should be directed to constitute Land Tribunals to adjudicate long-standing occupancy claims under Form 7 of the Karnataka Land Reforms Act.
Whether the delay in constituting Land Tribunals violates the Fundamental Right to speedy justice under Article 21.
Whether the Tribunal is the exclusive authority for adjudging claims for the grant of occupancy.
Colour shows how this judgement treated each authority
Hussainara Khatoon v. State of BiharReferred¶25
HUSSAINARA KHATOON VS. STATE OF BIHAR (1980) 1 SCC 81 · Who else cites this
W.P.24227/1991Referred¶22
3 provisions across 2 enactments
Purushotham
Manjunath
Deputy Commissioner, Mandya District
Tahsildar, Secretary to the Land Tribunal
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
