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 only for 25 guntas in Sy.No.51 and rejected the claim for Sy.No.54. The petitioners challenged this order before the High Court in WP.No.29069/2001, which was dismissed. They then appealed 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 directed the Land Tribunal to reconsider the claim for Sy.No.54 and pass orders in accordance with law. Despite this direction, the Land Tribunal failed to comply. The petitioners 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 occupancy certificate as per the Division Bench order, and if necessary, to direct the State Government to constitute the Land Tribunal under Section 48 of the Karnataka Land Reforms Act, 1961. The High Court, after hearing the petitioners' counsel and the Government Pleader, observed that the Division Bench order had become final and binding. The court noted that the Land Tribunal had not complied with the direction for over six years. Consequently, the court allowed the writ petition and directed the Land Tribunal to issue occupancy certificate in favour of the petitioners in respect of Sy.No.54 within four weeks from the date of receipt of the order, failing which the Tahasildar was directed to issue the certificate.
Headnote
A) Land Reforms - Occupancy Right - Section 48-A of the Karnataka Land Reforms Act, 1961 - Writ of Mandamus - Petitioners sought occupancy certificate for land in Sy.Nos.51 and 54 of Upparahalli village - Land Tribunal granted occupancy only for Sy.No.51 and rejected for Sy.No.54 - The order was challenged and ultimately the Division Bench in W.A.No.1283/2008 directed the Tribunal to reconsider the claim for Sy.No.54 - The Tribunal failed to comply - Held that the Tribunal is bound to implement the Division Bench order and issue occupancy certificate in accordance with law (Paras 1-4).
Issue of Consideration
Whether the Land Tribunal is obligated to issue occupancy certificate in favour of the petitioners pursuant to the order of the Division Bench of this Court dated 18.09.2012 in W.A.No.1283/2008.
Final Decision
Writ petition allowed. The Land Tribunal, Hosakote Taluk, is directed to issue occupancy certificate in favour of the petitioners in respect of Sy.No.54 of Upparahalli village within four weeks from the date of receipt of the order. If the Land Tribunal fails to comply, the Tahasildar, Hosakote Taluk, is directed to issue the occupancy certificate 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) 58
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 earlier Division Bench order.
Remedy Sought
Direction to respondents 2 and 3 to issue occupancy certificate in favour of petitioners as per order dated 18.09.2012 in W.A.No.1283/2008, and if necessary, to direct State Government to constitute Land Tribunal under Section 48 of the Karnataka Land Reforms Act, 1961.
Filing Reason
Non-compliance by Land Tribunal with the Division Bench order dated 18.09.2012 directing reconsideration of occupancy claim for Sy.No.54.
Previous Decisions
Land Tribunal granted occupancy for Sy.No.51 but rejected for Sy.No.54; WP.No.29069/2001 dismissed; W.A.No.1283/2008 allowed by Division Bench on 18.09.2012 directing reconsideration.
Issues
Whether the Land Tribunal is bound to comply with the Division Bench order dated 18.09.2012 in W.A.No.1283/2008.
Whether a writ of mandamus can be issued to direct the Land Tribunal to issue occupancy certificate.
Submissions/Arguments
Petitioners argued that the Division Bench order had become final and the Land Tribunal failed to comply despite the direction.
Respondents did not file any objection; Government Pleader submitted that the matter may be disposed of in accordance with law.
Ratio Decidendi
The Division Bench order dated 18.09.2012 in W.A.No.1283/2008 had become final and binding on the Land Tribunal. The Tribunal's failure to comply with the direction for over six years warranted issuance of a writ of mandamus to enforce compliance. The court held that the Tribunal is obligated to issue occupancy certificate in accordance with the Division Bench order.
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.
The Division Bench of this Court in W.A.No.1283/2008 by order dated 18.09.2012 set aside the order of the Land Tribunal in so far as Sy.No.54 is concerned and directed the Land Tribunal to reconsider the claim of the petitioners and pass orders in accordance with law.
In spite of the said order, the Land Tribunal has not complied with the direction issued by the Division Bench of this Court.
Accordingly, the writ petition is allowed. The Land Tribunal, Hosakote Taluk, is directed to issue occupancy certificate in favour of the petitioners in respect of Sy.No.54 of Upparahalli village within four weeks from the date of receipt of the order.
Procedural History
The Land Tribunal in proceedings No.LRF(K)UP:124/1975-76 granted occupancy for Sy.No.51 but rejected for Sy.No.54. The petitioners challenged this in WP.No.29069/2001, which was dismissed. They appealed in W.A.No.1283/2008, and the Division Bench on 18.09.2012 set aside the rejection and directed reconsideration. The Land Tribunal failed to comply, leading to the present writ petition.
Acts & Sections
- Karnataka Land Reforms Act, 1961: 48, 48-A
- Constitution of India: 226, 227
