— 1 1>- IN THE HIGH COURT KARNTAKA AT BANSALORE DATED T HIS THE 8 Th DAY OF JUNE 1998 BEF ORE THE HON’ LE MR.JUSTICE M,F ,5ALNHA I N 975 OF 1996 (LR) BE,iEN: Smt. Nanjamma, W/o ?rivaDpa Gongadikar, Age:42, c: Agril. rio Arasal, Taluk, sangad, District Shimoga. (Br Sri. V.T.Rayarec1. 1dv., for petr.) AND: 1. The State of rnataka by its Secretary, Revenu’ Department, M.S.Buildinq, Bana1ore. 2. The Land Tribunal Hosanagad, Dist. 3imog, by its Secretary. ,. Petitionr, —2— 3, Sri, Rarnappa s/o Halappa, Age: 60, 0cc Agril. P/o Basavapur post, Arasal Taluk, Hosanagad, District Shimoga, 4, Cha’naooa 5/0 Shivapp, Age: 55, r/o Basavapur, Arasal, Taluk: Hosanaga, Dist Shimoga. .. Responents, (By Sa’t, M.P.3hanthakurnari, HCGP, for 1 & R2.) Writ petition fied under Articles 226 and 227 of the Constitutin of India, with an affidavit praying to, quash the Annex—A dt; 30-5—79 by R-2. & Etc., Writ petition coming on for eliminary hearing in B’ group, this day the Court made the followirg:— .93 —3— ORDER I have heerd the petitionr’s larned dvocte. His subrvission is that the petitionr has been in occupation ar has been cultivating the lands right up to the present point of time and that the respon ents have wrongly passed an order without any notice to the petitioner and without examination of the relevnt records I have pointed out to the petitioners learned Advocate that it is first necessary that the Court is satisfied that the petitioner has been cultivating the lands up to the present point of time which the relevant records will indicate if that is the position and more imnortantly, that this must be the oositicn after t1e Tribunal’s order was passed. If that is the caso, the petitionr is certainly entitled to ,roduce the records and ask for appropriate relief from this c out. 6 • • 4 —4— 2. The petitin is disposed of with lihertv tc the petiticnrs learned Advocate to re-app’oach this Court with the relevant records and documents if the same becomes fleceesary. Sd/s JuDGE c. by: COPY ASST. REGlSTR HIGH C JRT i )NTAKA BAGA LORE.