Karnataka HC Upholds Tenant’s Heirs’ Occupancy Rights Over 2 Acres, Citing Cultivation Records Despite ‘Punja’ Claim

The petitioner challenged the Land Tribunal’s order dated 14 December 2012 granting occupancy rights over 2.00 acres in Sy. No. 127/2A, Ubaradka-Mithoor Village, to the legal representatives of Hukrappa Gowda.

The petitioner’s case was that the land, described as hilly, dry, and Punja/Kushki land, was not cultivable.

Hukrappa Gowda had sought occupancy rights by filing Form No. 7.

Earlier Tribunal orders were set aside and the matter remanded twice by the High Court; on the latest consideration, the Tribunal granted the rights in question.

The respondents relied on the record of rights and RTC entries indicating cultivation.

The claim arose under the Karnataka Land Reforms Act, 1961, pursuant to an application in Form No. 7 seeking occupancy rights; the judgment also refers to Section 48 of that Act.

The Court’s stated basis was the factual determination, on the Tribunal’s original records and RTC extracts, that the land was tenanted and under cultivation.

The judgment cites no precedent or separately articulated legal test governing the grant of occupancy rights.

The Court considered the petitioner’s argument that the land’s Punja/Kushki character meant it was not cultivable, but found that the Tribunal’s original records and RTC extracts showed that Hukrappa Gowda had cultivated 2.00 acres of the land.

It therefore concluded that the land was tenanted and under cultivation; its Kushki classification did not, on the evidence before the Court, warrant interference with the Tribunal’s order.

The writ petition was dismissed, leaving in place the grant of occupancy rights over 2.00 acres to Hukrappa Gowda’s legal representatives.