Case Note & Summary
The petitioners, four individuals, were claimants before the Land Tribunal, Hosakote, in proceedings No.LRF(K)UP:124/1975-76 seeking occupancy rights over land bearing Sy.Nos.51 and 54 of Upparahalli village, Hosakote Taluk, measuring 25 guntas and 35 guntas respectively. The Land Tribunal granted occupancy right only in respect of 25 guntas in Sy.No.51 and rejected the claim for Sy.No.54. The petitioners challenged the rejection before the High Court in WP.No.29069/2001, which was dismissed. They then filed a writ appeal in W.A.No.1283/2008, and the Division Bench of the High Court, by order dated 18.09.2012, set aside the rejection and remanded the matter to the Land Tribunal for fresh consideration. Despite the Division Bench order, the Land Tribunal failed to comply and issue the occupancy certificate. The petitioners therefore filed the present writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the Land Tribunal and the Tahasildar to issue the occupancy certificate in their favour as per the Division Bench order. The court noted that the Division Bench order had become final and binding, and the Land Tribunal was obligated to implement it. The court disposed of the petition with a direction to the Land Tribunal to issue the occupancy certificate in favour of the petitioners within three months from the date of receipt of the order, in accordance with law.
Headnote
A) Land Reforms - Occupancy Rights - Section 48-A of the Karnataka Land Reforms Act, 1961 - Writ of Mandamus - Petitioners sought direction to Land Tribunal to issue occupancy certificate pursuant to Division Bench order dated 18.09.2012 in W.A.No.1283/2008 - The Land Tribunal had earlier granted occupancy right only in respect of 25 guntas in Sy.No.51 and rejected claim for Sy.No.54 - The Division Bench set aside the rejection and remanded the matter - The Court held that the Land Tribunal is bound to comply with the Division Bench order and issue occupancy certificate in accordance with law - Petition disposed with direction to the Land Tribunal to issue occupancy certificate within three months (Paras 1-4).
Issue of Consideration
Whether the Land Tribunal is obligated to issue an occupancy certificate in favour of the petitioners in compliance with the order dated 18.09.2012 passed by the Division Bench of this Court in W.A.No.1283/2008.
Final Decision
Writ petition disposed of. The Land Tribunal, Hosakote Taluk, is directed to issue occupancy certificate in favour of the petitioners in respect of the land in question within three months from the date of receipt of the order, in accordance with law.
Law Points
- Occupancy right
- Land Tribunal
- Writ of Mandamus
- Section 48-A Karnataka Land Reforms Act
- 1961
Case Details
2019 LawText (KAR) (03) 13
Writ Petition No.52411/2018 (LR-SEC 48-A)
Sri Shivanna A G (for petitioners), Sri B.S.Budihal (HCGP for respondents)
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Nature of Litigation
Writ petition seeking direction to Land Tribunal to issue occupancy certificate pursuant to Division Bench order.
Remedy Sought
Direction to the 2nd and 3rd respondents (Land Tribunal and Tahasildar) to issue occupancy certificate in favour of petitioners as per order dated 18.09.2012 in W.A.No.1283/2008.
Filing Reason
Non-compliance by Land Tribunal with Division Bench order dated 18.09.2012 which set aside rejection of occupancy claim and remanded the matter.
Previous Decisions
Land Tribunal granted occupancy right only for 25 guntas in Sy.No.51 and rejected claim for Sy.No.54; WP.No.29069/2001 dismissed; W.A.No.1283/2008 allowed by Division Bench on 18.09.2012 setting aside rejection and remanding matter.
Issues
Whether the Land Tribunal is bound to issue occupancy certificate in compliance with the Division Bench order dated 18.09.2012.
Submissions/Arguments
Petitioners argued that despite the Division Bench order, the Land Tribunal has not issued the occupancy certificate, necessitating a writ of mandamus.
Ratio Decidendi
The Land Tribunal is bound to comply with the order of the Division Bench of the High Court, which has become final, and must issue the occupancy certificate as directed.
Judgment Excerpts
Petitioners herein were claimants before the Land Tribunal, Hosakote, in proceedings bearing No.LRF(K)UP:124/1975-76, wherein they sought for grant of occupancy right in respect of land bearing Sy.Nos.51 and 54 of Upparahalli village, Hosakote Taluk, measuring to an extent of 25 guntas and 35 guntas respectively.
The said order was subject of matter challenge before this Court in WP.No.29069/2001, which came to be dismissed by order dated ...
In the circumstances, the writ petition is disposed of directing the Land Tribunal, Hosakote Taluk, to issue occupancy certificate in favour of the petitioners in respect of the land in question within three months from the date of receipt of this order, in accordance with law.
Procedural History
The petitioners initially filed a claim before the Land Tribunal, Hosakote, in 1975-76. The Tribunal granted occupancy right for 25 guntas in Sy.No.51 and rejected the claim for Sy.No.54. The petitioners challenged the rejection in WP.No.29069/2001, which was dismissed. They then filed W.A.No.1283/2008, and the Division Bench allowed the appeal on 18.09.2012, setting aside the rejection and remanding the matter. Despite this, the Land Tribunal did not comply, leading to the present writ petition in 2018.
Acts & Sections
- Karnataka Land Reforms Act, 1961: Section 48-A
