Writ appeal by an illiterate appellant whose Form No.7 occupancy rights application wrongly cited Sy.No.4/3; court found only one application and site inspection confirmed possession of Sy.No.4/4. Appeal allowed, Single Judge's order set aside, Land Tribunal order upheld subject to appellant confining her claim to 30 cents in Sy.No.4/4.
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NC: 2024:KHC:35744-DB WA No. 547 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE G BASAVARAJA WRIT APPEAL NO. 547 OF 2022 (LR)
BETWEEN:
SMT. RAMAKKA D/O LATE CHENNAMMA AGED ABOUT 80 YEARS R/AT. ALAPE VILLAGE ALAPE POST, D.K. DISTRICT MANGALURU-575 007
…APPELLANT
(BY Ms. ANANYA RAI, FOR SRI. VISHWAJITH RAI M., ADVOCATE)
AND:
Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka
SRI. SRIDHAR S/O LATE SRI. SEETHARAMA BHAT AGED ABOUT 57 YEARS R/AT. ALAPE MATA ALAPE VILLAGE, ALAPE POST D.K. DISTRICT MANGALURU-575 007
…RESPONDENTS
NC: 2024:KHC:35744-DB WA No. 547 of 2022
(BY SRI. PRASHANTH CHANDRA S.N., ADVOCATE FOR R1; SMT. NAMITHA MAHESH, AGA FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 30.05.2022 IN W.P.NO.4930/2012 (LR) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND DISMISS THE SAID WRIT PETITION IN THE INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and
HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
Heard learned counsel appearing for the appellant as well as learned counsel appearing for the respondent No.1 and learned Additional Government Advocate appearing for the respondent No.2.
Mangaluru Taluk was erroneous which occurred only on account of her illiteracy. It is submitted that actual survey number where she had occupancy rights is Sy.No.4/4 in which, she claims occupancy rights over 30 cents of land. It is submitted that site inspection conducted clearly found that her claim was in Sy.No.4/4 and was well founded. It is submitted by the learned counsel for the appellant that she has no claims on 25 cents of land in Sy.No.4/3 as has been stated in her Form No.7 application. It is submitted that she has also filed an amendment to the Form No.7 application filed before the appropriate authority.
possession of the property in Sy.No.4/4 and also had a house erected in the said property. Taking note of the contentions of the parties and the records produced before us, we also notice that there appears only one proceeding and one Form No.7 application.
learned counsel for the appellant that there is only one Form No.7 application and that appellant is confining her claim to the 30 cents of land in Sy.No.4/4 and that she will
have no further claim in respect of any land in Sy.No.4/3, we are of the opinion that the appeal is liable to be allowed. Hence, we pass the following:-
ORDER
NC: 2024:KHC:35744-DB WA No. 547 of 2022
the submission made by the learned counsel for the appellant that the appellant will have absolutely no rights in respect of land bearing Sy.No.4/3 or any other lands.
iv. There will be a direction to the respondent No.2 to issue necessary further steps in respect of the impugned order passed by the Land Tribunal in the proceedings impugned before the learned Single Judge.
Sd/(ANU SIVARAMAN) JUDGE
Sd/(G BASAVARAJA) JUDGE
MH/List No.: 1 Sl No.: 6
1 issue framed by the court
Whether the appellant's occupancy rights claim relates to Sy.No.4/4 (30 cents) rather than the erroneously recorded Sy.No.4/3 in her Form No.7 application?
1 provisions across 1 enactments
SMT. RAMAKKA D/O LATE CHENNAMMA
SRI. SRIDHAR S/O LATE SRI. SEETHARAMA BHAT (LR of respondent 1)
THE LAND TRIBUNAL MANGALORE-07 BY ITS CHAIRMAN
ANU SIVARAMAN
G BASAVARAJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
