IN THE COURT OF THE ASSISTANT COMMISSIONER

AT TUMKUR RA /2011-12

APPELLANT SRI. MAHADEVAIAH S/O KEMPAHANUMAIAH ARAKERE POST TUMKUR KASABA TUMKUR TALUK

VS RESPONDENT 1. THE TAHSILDAR TUMKUR TALUK TUMKUR 2. SRI. VENKATARAO S/O LATE T.P. KRISHNACHAR # 74, 1 MAIN ROAD, JAYANAGAR 5TH BLOCK BANGALORE

MEMORANDUM OF APPEAL UNDER SECTION 118 (2-B) OF THE KARNATAKA LAND REFORMS ACT 1961:The address of the Appellants for the purpose of service of summons and notices of this Hon ble Court is as stated above in the cause title. The appellants may also be served through his Counsels. The address of the Respondents for the purpose of service of summons and notices of this Hon ble Court is as stated above in the cause title.

FACTS OF THE CASE:- The appellants father Late Kempa Hanumaiah s/o Late Puttaiah and his siblings are in possession and enjoyment of the appeal schedule property as tenants under 2nd respondent s father T.P. Krishnachar (OWNER OF LAND), and has filed the FORM 7A application before the Tahsildar. The date of filing is approximately known by the appellant and hence quoted it as 03-09-1998 and requested Tahsildar (1st

respondent) to provide information about the application status. Despite this Hon ble authority directions the 1st respondent has failed to interpret the law applicable to this appellant s fathers

application and given endorsement to this appellant wrongly hence this appeal.

GROUNDS OF APPEAL:-

1. The endorsement is not maintainable either on law or on facts applicable to our case.

2. The section 77A is inserted by first time in the Karnataka land reforms act 1997 which is published in gazette on 5th june 1998. The act came into force on 01-11-1998 as per Notification dated 13-10-1998 in No. RD 116 LRA 98. The important fact which is not perused by the 1st respondent is the content of the amendment which is brought to force from 01-11-1998. The contents of the section 77A (1) (iii) is reproduced herein below
77-A. Grant of land in certain cases.

(1) (iii) has continued to be in actual possession and cultivation of such land on the date of commencement of the Karnataka Land Reforms (Amendment) Act, 1997. he may grant the land to such person subject to such restrictions and conditions and in the manner, as may be prescribed.

Here it can be observed that there is no mention of date from which date the application shall be filed.

3. The section 77A is further amended vide The Amendment

act of 1998 in Karnataka Act no. 34 of 1998. The amendent came into force from 15-02-1999 vide notification no. RD 93 LRA 98 dated 17-02-1999. The amendment inserted following clause after he may in section 77A (1) (iii). The clause reads like this
within one year from the date of

commencement of the Karnataka Land Reforms (Amendment) Act, 1997

4. The above amendments clearly explains that during 1997 amendment there is no prescribed date from and upto which date for filing application only continous upto date possession as on 01-11-1998 is prescribed as criteria. Later amendment of 1998 which came into force only from 1502-1999 prescribes the starting and cut-off dates. From the date of our application to 15-02-1999 there is no such law prescribing starting date and cut-off date for filing such application and hence the endorsement issued by 1st respondent is not in tune with the law applicable to the case hence this appeal. 5. The application filed by the appellant s father has to be forwarded by the 1st respondent to the Deputy

commissioner for further action after verifying the contents of the application and preparing report on the application. But Tahsildar is not entitled to issue such endorsement only prescribed authority that is Deputy Commissioner shall decide the application on merits. The endorsement issued is beyond jurisdiction. 6. Hence this appeal. The appeal is filed in time, after obtaining the certified copy of endorsement.

Where fore it is humbly prayed before this Hon ble court to set aside the endorsement dated 25-02-2011 in No. LRF CR 4/10-11 and order to 1st respondent to place report before The Deputy commissioner along with

application of father of this appellant, in the ends of Justice.

Schedule Property All the piece and parcel of Agricultural property situated at Tumkur Taluk, Kasaba hobli, Annenahalli grama in survey number 13 totally measuring 5 acre 07 Guntas out of it 0 acre 05 guntas Kharab, with name of Kempahanumaiah in

Tiller column no.12(2).

ADVOCATE FOR APPELLANT

APPELLANT

VERIFICATION

I, SRI MAHADEVAIAH s/o LATE KEMPAHANUMAIAH the Appellant above named do hereby declare that what is stated above is true to the best of my knowledge, information and belief.

PLACE: TUMKUR DATED: Appellant