LL IN TE HiGh (DUET OF KARLLA A. AT BAHGAIORE Dated this the 4th dy of Jui 1998 B 1(1(08 1• 7VT? TTflMt, !7 53 TTTrfITfl tr inrj V. SJ cthsirJ:L)A EIT PE9’TIIOI( no,1463j 1994 1. :i Va sent Ramachandra KuIi:arni, (Budder), since deceased by his L,Rs., a. Laxni V. sant Huddar, Major, Shindihetti, T1uk 5 Huicheri, Dfst: Beigaum. b, Kum 2 r Purnendra Vsnt Kuikerni @ Budder, minor by his guardian, 1..rt Lanai sent Huddar, PJo. Shindihattl, T 5 lUkr Hukker±, Dist: Beidrum, 2, E1nunsnth Bairachandra Ciarrii (1 t:fl %‘ ‘“tej co” 2, Babu 43 Bhirflrao Ramch,endre zLrni (Huca r) . since deceased by his L.Hs, a’ 4ii’ tflLaVctui Th! 4 r tIn Tn-ii flajLY , :j ‘-, flnsao Kuikarni (Budder), b Oat atreya zthimr 5 o (Bud daT) suLerra, Wo. 1oKuThrni, Major, • 2 V. set S C. Aflfl Bhijrj, 1 3.1 .nc (3zddar), VajOt, i/o. Bhinr 2 o ‘ularni, 4. b;nu ‘!Madba’% Racac’tandra :ullcarni (I!udrsar), Xaor, AU the petitionere re tl* 11/0. Shindih 0 tti, 11u:;-eri T.lut, Djzt: selg 2 un. PE2IfIO:29 (El gri. 2. Bal&ristnc Shastry, 4v.) 1, The L•nd Tribinal, !Iui±exi, by its Chair‘tn, ;Iui-keri, Diots lsaus. 2. TIm State of T(grt.i by t’ie Secretagy to revenue ‘e •rt’e’it, Vi&.na 4n9 1 , Bar€2 lore-l. 3. 1*mana BLsefl4 . Sher-vi, 14jor, vlflce en •e’ ‘;y hi° L.Rs., PariM ale &MaI &leraVl, Major, b. Thiqnop4 ert icr vi, Major, o. 1biddpp £ ‘ir c vi, Major, d. tat. “OdaYJa, 13cr, Wo. Ptft.a She •I, 0. ant. Sofl.tavv X biLiaIil 1:cnati, K3ot, 11/0. 3elv !alca ::ter, Dist: ThigUn. - :3: 3, f, 3 mt, Taravva Ron Hemama anate, M 1 jor, RS(a) to (d) and (f) are residing at EhirClihatti, Ip!uki::eri Taluka, 4st: Belgaum. •. PESPONDENPS (By gri. Aflafltt Mundargi for Ri & 3, Mrs. Bharathi Ngesh for RI & 2) ‘S •S This writ Petition was earlier filed a Civil Petition under Sec,l51 of CP(.• r/w. uixler Section l of toe ..L.F. h5t, r, • .irtcles 2E & 227 of the 3onstitutcn Of ifl1.i hith a prayer to consider this application and appeal It, RgR.60/87 filed before the l& Reofrns Appdlate Authority 2 ChIJ.sodi, Belgaum List, a5 a Writ Petition n view of ametfInt of Section 17 of the land Reforms Act. This writ Petition coming on for hearing this d 5 y, the (burt nade the following:— OR DER The petitionerslend owners ere before this Court challenging the Impugned order passed by the I responde—TribunPl urging the fo1low ing grounds: The impugned order is not preceded by an enquiry as contemplated under Rule 17 of the Ksrnatake Land Refors Rules, 1974 (in a4e short ‘the Rules’) read with Section 34 of the Karnatake land Revenue Lot, 1Q64 thereby adequate end reaeonable opportu nity was not given to him to show that the lend in question is not a temrrted land therefore, the imtugned order is viti ated in law. Further it is contended that the respondent—lend Tribunil has not proper2y aid correctly interpreted Section 2 (34), 44 and 45 of the KarnataI Laid Reforms Act thereby it has ocused substantial injustice to the etitionsr. Further, it is coritende’ thet obsention of the Tribunal in the Impugned order that the petit ionere ipve dmitte4 the tenancy of tie decea..d III respondent ie not correct and the eaid finding is disputed. It i*urther urged that the Tribunal has not given a fi&ing to the effect thet the deceased III respondent was eultivating S the land in question lawfully as tenant inediately prior to 1—3—1974 or as on 1—3—1974 and no evidence is adduced to that effect and therefore the impugned order is bad in law. 2, learned counsel epering for some of the lal representatives i.e., 3(b) to 3(f) submits that the impupned order is legal and valid. The Tribunal has granted occupancy rights based on the admission made by the petitioners before it stating that deceased III respondent has been cul tivating the land in question from 1956 and further they have stted that they wanted lands for their peraona cultivetion, The said finding of fact recorded by the Tribunal based on evidence on cord is nresumed to be correct, un’ese it is S 4— rebutted by the petitiomrs by placing p-’ oper evMence on record • Tarned counsel appearing for the contestins fl5a pondente further sUbmits that it is untie puted fast that UI pet itioner initiated proceedinge in ERO No.92ft71 before the Court of Sunsiff at Rukkeri again S the father of Ifl respondent herein for recovery of the tent from the lands in question in which proceedings, it Ins been epecfficslly IL stated the tenant Who is the deceased a UI respondent is a tenant of fufl share of the applicant therein who is the ner to an extent of 4 acres 3 guatas. This fast is not disputed. Therefore, tie ground urged by the lerned counal for the petitioners that the finding recor4ed by the tribune 1 with regard to the a*issio, made by them in respect of the land in ques tion stating that the father of the res— —7— pondent wee a tensnt in the year 1956 which fact is further borne out from the proceed ings initiate by ITT petitioner before the Munsiff 1 s Court at Hukkeri under the provi sions of Section 42(2) of the erstwhile !ysore Land Reforms Act, 1961, 3. In. this view of the matter, it is very difficult for this Court to accept the submission made at the bar that the petitioners he-ye not made any admission before the ribuna]. with regard to the claim of the tenancy bydeceased III respondent and the contesting epondente 3inc the peti tioners have admitted the fct of tenancywLtck - k i’4 — - in respect of the lend inquestion4he quee F tiori of conducting an enquiry under the -orovi— sione of the Act and rules referred o above, does not arise for consideration by this Court. I do not find eIther Illeglitv or the impugned j -J order suffers from 1 atn This Court c’n exercise its power under Art ic le 226 id 227 of the 0 onet it ut ion of India ony on either of the grounds referred to above exist. 4. In my view, the impugned order does rot cll for interference by this Court in exercise o Its ertrdinry nd super visory Writ jurisdictior, Hence I pass the following order: Writ petition is dismissed. No costs. Leerne Addl. Government Advocate is pe’mi tted to file memo of appeernce en behalf of R,1 and 2 within three weeks from today, sd/rn JUDGE I sk/akc