4A. SMT. GANGAMMA, W/O HONNESHAPPA GANGOCHI, AGED 75 YEARS, OCC: HOUSEHOLD 4B. SUBASH S/O HONNESHAPPA, GANGOCHI, AGED 50 YEARS, OCC: AGRICULTURE

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1 1 BETWEEN: IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17 th DAY OF SEPTEMBER 2014 BEFORE THE HON BLE MRS. JUSTICE B.V. NAGARATHNA WRIT PETITION NO.14199/2005 (SC/ST) 1. CHIKKAPPA S/O SANNANINGAPPA GONNER AGED ABOUT 68 YEARS OCC:AGRICULTURE 2. NINGAPPA S/O SODDAPPA HONNATHI AGED ABOUT 60 YEARS OCC:AGRICULTURE 3. NAGAPPA S/O DODDAPPA HONNATHI AGED ABOUT 58 YEARS OCC:AGRICULTURE 4. HONNESHAPPA S/O BHIMAPPA GANGOCHI AGED ABOUT 72 YEARS OCC:AGRICULTURE 4A. SMT. GANGAMMA, W/O HONNESHAPPA GANGOCHI, AGED 75 YEARS, OCC: HOUSEHOLD 4B. SUBASH S/O HONNESHAPPA, GANGOCHI, AGED 50 YEARS, OCC: AGRICULTURE 4C. BHIMAPPA, S/O HONNESHAPPA GANGOCHI, AGED 48 YEARS, OCC: AGRICULTURE

2 2 4D. HONNAPPA, S/O HONNESHAPPA GANGOCHI, AGED 46 YEARS, OCC: AGRICULTURE 4E. DURGAVVA W/O LAKAMAPPA BADAPPALAVAR, AGED 56 YEARS, OCC: AGRICULTURE, (PETITIONER NO. 4A TO 4E ARE R/AT R/O MEDLERI TQ:RANEBENNUR, DIST: HAVERI, 4F. RATNAVVA W/O B.S.KARIBASAPPA, AGED 54 YEARS, OCC:AGRICULTURE, R/O KUNCBELAKERI, TQ: HARIHAR, DIST: DAVANAGERI. 4G. CHAMPAKKA, W/O B.S.HONNAPPA, R/O HARIHAR, TQ: HARIHAR, DIST: DAVANGERE (AMENDED AS PER ORDER DT.11/9/2014) 5. MARUTI S/O SIDDAPPA PUJAR AGED ABOUT 52 YEARS OCC:AGRICULTURE 6. SIDDAPPA S/O BARMAPPA VYAPARI AGED ABOUT 64 YEARS OCC:AGRICULTURE 7. GANGADHARAPPA S/O NEELAPPA KODLIAVAR AGED ABOUT 52 YEARS OCC:AGRICULTURE (REP. BY HIS P.A.HOLDER SIDDAPPA BARMAPPA VYAPARI, AGED ABOUT 64 YEARS)

3 3 ALL ARE R/AT MEDLERI VILLAGE, TALUK RANEBENNUR, DIST HAVERI... PETITIONERS (BY SRI. F.V.PATIL, ADV.) AND: 1. THE DEPUTY COMMISSIONER, HAVERI DISTRICT HAVERI 2. THE ASSISTANT COMMISSIONER HAVERI DIST HAVERI 3. THE REVENUE INSPECTOR MEDLERI, TALUK RANEBENNUR DIST HAVERI 4. SATHVEERAPPA S/O YESHWANTHAPPA KALE MAJOR, R/O NEAR CHURCH RANEBENNUR TALUK HAVERI DIST 5. SHIVARUDRAPPA S/O YESHWANTHAPPA HALE MAJOR, R/O RANEBENNUR TALUK HAVERI DIST 6. ANANDAPPA S/O YESHWANTHAPPA HALE, MAJOR R/O RANEBENNUR TALUK HAVERI DIST 7. PRAKASH S/O YESHWANTHAPPA HALE MAJOR R/O RANEBENNUR TALUK HAVERI DIST 8. SMT SHARADAVVA D/O VASANTH

4 YESHWANTHAPPA HALE MAJOR, R/O RANEBENNUR TALUK HAVERI DIST 9. SMT. NIRMALA D/O YESHWANTHAPPA HALE MAJOR, R/O RANEBENNUR TALUK HAVERI DIST 10. SMT SHASHIKALA D/O YESHWANTHAPPA HALE MAJOR, R/O RANEBENNUR TALUK HAVERI DIST 11. SMT NEELAVVA W/O YESHWANTHAPPA HALE MAJOR, R/O RANEBENNUR TALUK HAVERI DIST (R-1 TO 10 ARE TREATED AS LRS OF R11, AMENDED WITH PERMISSION OF THE HON BLE COURT).. RESPONDENTS (BY SRI. SADASHIV.S.PATIL, ADV. FOR R4 TO R10, SMT.VIDYAVATHI.K, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH VIDE ANNX.-D, DT BY R1 AND ANNX.-B, DT PASSED BY R2 AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS ON I.A.NO.5/14 FOR VACATING STAY THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Petitioners have assailed order dated 21/04/2005 passed by the first respondent-deputy Commissioner, Haveri District, Haveri(Annexure D ) and also order dated

5 5 05/05/2003 passed by second respondent-assistant Commissioner, Haveri Sub-Division, Haveri(Annexure B ). Those orders have been passed under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain lands) Act, 1978(hereinafter referred to as the PTCL Act for the sake of convenience). Though the writ petition is listed for considering I.A.No.5/14 for vacating stay of the impugned orders, I have nevertheless heard learned counsel on both sides at length and therefore, the writ petition is disposed by this order. 2. This writ petition raises an interesting controversy touching upon the provisions of the PTCL Act as well as Karnataka Village Offices Abolition Act, 1961 (hereinafter referred to as the KVOA Act, 1961 ) as well as Karnataka Land Reforms Act, The relevant facts of the case are that, Sy.No.45, measuring 3 acres 8 guntas and Sy.No.46 measuring 28 acres 14 guntas situated at Medleri village,

6 6 Ranebennur Taluk, Haveri District, are admittedly service Inam lands relating to hereditary village offices (Shetsanadi lands). One Sri. Hallappa was the holder of the village office. On his demise, lands were held by his son, Vasanth Halappa Kale by way of succession. According to the petitioners, the lands are governed by the provisions of KVOA Act, The petitioners have averred that the land bearing Sy.No.45 was tenanted land and one Siddappa Pujar-father of petitioner No.5 Maruti, had filed an application seeking grant of occupancy rights. The Land Tribunal by order dated 13/01/1977 granted occupancy rights to Siddappa Pujar and that order has attained finality. 4. Land in Sy.No.46, totally measuring 28 acres 14 guntas was sold in various parcels on 01/08/1966 (8acres); 10/08/1966 (3 acres); 30/10/1968 (6 acres); 14/08/1970 (4.05 acres) and 07/11/1970 (4.00 acres) to the petitioners by the father of respondent Nos.4 to 10 namely, Vasant Kale.

7 7 5. After the enforcement of the PCTL Act, respondent Nos.4 to 10 filed an application under Section 4 of the PTCL Act before the second respondent-assistant Commissioner seeking resumption and restoration of the said lands. The Assistant Commissioner by his order dated 05/05/2003 allowed the application and it was held that respondent Nos.4 to 10 were entitled to resumption and restoration of the aforesaid lands. Being aggrieved by the order, the petitioners filed an appeal under Section 5-A of the PTCL Act before the Deputy commissioner-first respondent herein. By order dated 21/04/2005, the first respondent dismissed the appeal. Against those orders, the petitioners have filed this writ petition. 6. I have heard the learned counsel for petitioners and learned counsel for respondent Nos.4 to 10 and learned Additional Government Advocate for respondent Nos.1 to 3. It is stated that respondent No.11 is dead and her legal representatives are respondent Nos.4 to 10 who are on record.

8 8 7. Petitioners counsel would contend that the impugned orders are erroneous for the reason that the provisions of the PTCL Act are not applicable to the lands in question. Admittedly, the lands in question were attached to the village office. In that view of the matter, they could not be construed as granted lands under Section 3(b) of the PTCL Act. Referring to definition of granted land, he contended that the definition expressly excludes lands which are attached to village offices. Therefore, the Assistant Commissioner as well as the Deputy Commissioner had no jurisdiction to entertain the application filed by respondent Nos.4 to 11. Elaborating the said contention, learned counsel for the petitioners drew my attention to the application filed by the said respondents, a copy of which is produced at Annexure A. From that document, he pointed that the Land Tribunal had granted occupancy rights in Sy.No.45 to the tenant i.e., father of fifth petitioner, on 13/01/1977 and that order had attained finality and the order of grant by the Land Tribunal could not be construed to be granted land

9 9 within the provisions of Section 3 of the PTCL Act. In this regard reliance was placed on a Full Bench opinion of this Court in Mohammed Jaffar and another v. State of Karnataka [ILR 2002 Kar 4693]. 8. He also contended that respondent Nos.4 to 11 having sold Sy.No.46 to the petitioners on various dates, those alienations are not illegal or invalid having regard to the Full Bench opinion of this Court in the case of Syed Bashir Ahmed Vs. State of Karnataka reported in ILR 1994 Kar 159. He, therefore, contended that the impugned orders would have to be quashed as the provisions of the PTCL Act are not applicable to the lands in question. 9. Per contra, learned counsel for the respondent Nos.4 to 11 contended that the aforesaid lands were no doubt attached to the village office. But on the abolition of the village offices under the KVOA Act, 1961, the lands stood vested with the State Government and respondent Nos.4 to 11 have not made any application for re-grant.

10 10 Therefore, the alienation made to the petitioners in Sy.No.46 are void and therefore, PTCL Act would apply to the said alienation s and the Assistant Commissioner and the Deputy Commissioner were right in holding that those alienation were bad in law. He also contended that so far as Sy.No.45 is concerned, grant of that land to the tenant i.e. father of petitioner No.5 is by the Land Tribunal was also illegal as lands held by the depressed classes could not be granted to tenants by the Land Tribunal. The alienations were hit by the provisions of the PTCL act and the order of the Land Tribunal being the grant of occupancy right being contrary to the provisions of the PTCL Act had been rightly set aside by the two authorities. It was, hence, contended that the impugned orders are in accordance with law and would not call for any interference. 10. Learned Additional Government Advocate supported the impugned orders and contended that the writ petition would not call for any interference. She also

11 11 stated that in view of the passing of the 1961 Act, the lands stood vested with the State Government and there could be no alienation of the vested lands. 11. Having regard to the above controversy in this matter, the only point that arises for my consideration is as to whether the provisions of the PTCL Act are applicable to the lands in questions. 12. Admittedly, the lands in question namely Sy.Nos.45 and 46 were attached to the village office (Sethsanadi). The chequered history which these lands have had are considered in seriatim after considering the relevant provisions and citations under PTCL Act. 13. The object of PTCL Act, is to provide for prohibition of transfer of certain lands granted by Government to persons belonging to the Scheduled Castes and Scheduled Tribes in the State. 14. Clause (b) of Section 3 defines granted land and it reads as under:-

12 12 Section 3(b) Granted Land means any land granted by the Government to a person belonging to any of the Scheduled Castes or the Scheduled Tribes and includes land allotted or granted to such person under the relevant law for the time being in force relating to agrarian reforms or land ceilings or abolition of inams, other than that relating to hereditary offices or rights and the word Granted shall be construed accordingly; Clause (e) of Section 3 defines transfer and the same reads as under:- Section 3(e) Transfer means a sale, gift, exchange, mortgage (with or without possession), lease or any other transaction not being a partition among members of a family or a testamentary disposition and includes the creation of a charge or any agreement to sell, exchange, mortgage or lease or enter into any other transaction. 15. In Mohammed Jaffar and another Vs.State of Karnataka, by Secretary, Revenue Department

13 13 (ILR 2002 Kar. 4693), the Full Bench of this Court, while considering the provisions of the PTCL Act, particularly in the context of granted land and the provisions of the Karnataka Land Reforms Act, held that Section 44 of the latter Act deals with vesting of the land in the Government. That conferment of occupancy rights is by the Land Tribunal and not by the Government, is only a declaration of pre-existing right, which has been conferred on the tenant under Section 55 and vesting of the land in the State Government is subject to vested right of tenant for grant of occupancy rights. The conferment of occupancy right is not by the Government under Section 48-A of the said Act, but a declaration of his occupancy rights of land on by the Land Tribunal. Therefore, the conferment of occupancy rights on a tenant does not fall within the ambit of the definition granted land under the PTCL Act. Under the definition, the grant must be made to a Scheduled Caste or Scheduled Tribe but if a person is claiming grant of occupancy rights even under a Scheduled Caste or Scheduled Tribe and the Land Tribunal grants the

14 14 occupancy rights, then it cannot come within the definition of granted land. 16. The word transfer has been defined under the provisions of the PTCL Act. Transfer must be made by a grantee, who is a Scheduled Caste and Scheduled Tribe, in violation of the terms of the grant. In such a situation, he/she can invoke Section 4 or 5 of the Act for resumption and restoration of the land. The grantee must be a person either belonging to Scheduled Caste or Scheduled Tribe and transfer means by way of sale, gift, exchange, mortgage, lease or any other transaction other than the transaction of partition. Thus, when the Land Tribunal grants occupancy rights under the provision of the Land Reforms Act, 1961 such an order cannot be construed to be a transfer within the meaning of the PTCL Act. 17. In the case of Smt.Indumathi Hunsagi v. Deputy Commissioner, Chickmagalur and Others [ILR 2013 KAR 1332], a Division Bench of this Court has held that where there is no transfer effected as required

15 15 under the PTCL Act, claim under Section 4 or 5 of the Act, does not arise. The said decision is squarely applicable to the present case. 18. Insofar as Sy.No.45 is concerned, father of the 5 th petitioner had filed an application in Form No.7 seeking grant of occupancy rights under the provisions of the Land Reforms Act, By order dated 13/01/1977, the Land Tribunal granted occupancy rights to him and thereafter his successor has been in possession of the lands in question. That order has attained finality. The Full Bench of this Court in Mohammed Jaffar has held that if occupancy right of any land is granted under Section 48-A of the Land Reforms Act, 1961 that would not fall within the ambit of granted land as defined under Section 3(1)(b) of the PTCL Act. In that view of the matter, PTCL Act was not applicable to Sy.No.45 and hence, the respondent/authorities could not have, by the impugned order, set at naught the grant of occupancy rights dated 13/01/1977.

16 In so far as Sy.No.46 is concerned, this land also was admittedly attached to the village office. There have been alienations made by Yeswanthappa Kale father of respondent Nos.4 to 10 and husband of deceased respondent No.11 during the period from 1966 to The definition of granted land under the PTCL Act, excludes grant of land related to hereditary offices or rights. This is because of a separate enactment to take care of such lands namely KVOA Act, The said Act was enacted to abolish Village Offices which were held hereditarily before the commencement of the Constitution and the emoluments appertaining thereto in the State and to provide for matters consequential and incidental thereto. The appointed date on which the said Act came into force was The Act was amended by the Karnataka Village Offices Abolition (Amendment) Act, Clause (n) of Section 2 of that Act defines Village Office to mean as under:-

17 17 Section 2(n): Village Office means every village office to which emoluments have been attached and which was held hereditarily before the commencement of the Constitution under an existing law relating to a village office, for the performance of duties connected with the administration or collection of the revenue/with the maintenance of order or with the settlement of boundaries or other matter of civil administration of a village, whether the services originally appertaining to the office continue or have ceased to be performed or demanded and by whatsoever designation the office may be locally known. Clause (e) of Section 2 defines emoluments to mean as under:- Section 2(e): emoluments means (i) lands, (ii) assignments of revenue payable in respect of lands, (iii) fees in money or agricultural produce; (iv) money, salaries and all other kinds of remuneration, granted or continued in respect of, or annexed to, any village office, by the State.

18 18 Clauses (q), (b) and (m) of Section 2 define holder of a village office, authorized holder and unauthorized holder, as under:- Section 2(q) holder of a village office or holder means a person having an interest in a village office under an existing law relating to such office: Provided that where any village office has been entered in a register or record under an existing law relating to such village office, as held by the whole body of persons having interest in the village office, the whole of such body shall be deemed to be the holder. Section 2(b) authorised holder means a person in whose favour a land granted or continued in respect of, or annexed to, a village office by the State or a part thereof has been validly alienated permanently, whether by sale, gift partition or otherwise, under the existing law relating to such village office. Section 2(m) unauthorised holder means a person in possession of a land granted or continued in respect of or annexed to a village office by the State without any right, or under any lease mortgage, sale, gift

19 19 or any other kind of alienation thereof which is null and void under the existing law, relating to such village office. Section 4(1) abolished Village Offices w.e.f. 01/02/1963. Sub-section (2) of Section 4 extinguished all incidents appertaining to the village offices. The land granted or continued in respect of or annexed to a village office by the State, subject to the provisions of Sections 5, 6 and 7 were resumed as if they were unalienated land or ryotwari land. Sub-section (1) of Section 5 provides for regrant of land resumed under Section 4(3) to the holder of the village office and it reads as under:- (1) A land resumed under clause (3) of Section 4 shall, in cases not falling under Section 6 and Section 7, be granted to the person who was the holder of the village office immediately prior to the appointed date (hereinafter referred to as the holder) on payment, by or on behalf of such holder to the State Government, of the occupancy price equal

20 20 to three times in the case of holders of inferior village office and six times in the case of holders of other village offices, the amount of the full assessment of such land within the prescribed period and in the prescribed manner and the holder shall be deemed to be an occupant or holder of a ryotwari patta within the meaning of the Code in respect of such land and shall primarily be liable to pay land revenue to the State Government from the appointed date in accordance with the provisions of the Code and the rules and orders made thereunder; and all the provisions of the Code and the rules and orders relating to unalienated land or ryotwari land shall, subject to the provisions of this Act, apply to the said land: Provided that in respect of land which was not assigned under an existing law relating to the village office as the renumeration of the village office, an occupancy price equal to the amount of the full assessment of such land in the case of holders of inferior village offices and three times such amount in case of holders of other village offices, shall be paid by or on behalf of the holder for its regrant.

21 21 Section 6 provides for regrant of lands resumed under Section 4(3) to authorised holders and it is extracted below: Where any land resumed under clause (3) of Section 4 is held by an authorised holder, it shall be regranted to the authorised holder, on the payment by him to the State Government of the occupancy price equal to six times the full assessment of the land and subject to the conditions and consequences mentioned in Section 5; and all the provisions of Section 5 shall mutatis mutandis apply in relation to the regrant of the land under this section to the authorised holder as if he were the holder of the village office. Section 7 provides for eviction of unauthorized holders and has been substituted by the amendment Act w.e.f. 24/12/1975. Section 7-A relating to restriction on transfer has been introduced by the amendment Act w.e.f. 07/08/1978.

22 A catena of case law on this subject which has been referred to by a Full Bench of this Court in Syed Bhasheer Ahamed v. State of Karnataka [ILR 1994 Kar. 159] can be adverted to at this stage. The validity of the principal Act was upheld by the Hon ble Supreme Court in B.R.Shankaranarayana v. State of Mysore [AIR 1966 SC 1571]. The validity of the Amending Act was upheld by a Division Bench of this Court in Lakshmana Gowda v. State of Karnataka [(1981) 1 KLJ 1]. In State of Karnataka v. G.Seenappa [AIR 1992 SC 1531], the correctness of the decision in Lakshmana Gowda was considered and the judgment was upheld by the Hon ble Supreme Court. In Lakshmana Gowda, it was held that alienations of lands attached to Village Office (service inam lands) between the date of commencement of the principal Act (01/02/1963) and the date of coming into force of the amendment Act (07/08/1978) were not void and that the alienees would perfect their title, on subsequent re-grant to their alienors, even though there was no re-grant as on the date of alienation. This was

23 23 based on the principle of feeding the grant by estopel (Section 43 of Transfer of Property Act). 22. Then came two Division Bench decisions of this Court in the case of Hanumaiah (ILR 1987 Kar. 550) and Chikkanarasaiah (ILR 1989 Kar. 1520). However, another Division Bench took a different view in Adiveppa Shivappa Mattur v. Tahsildar (ILR 1990 Kar. 879). This view was in line with Amruth v. Asst. Commr. (W.P.4791 of 1979 decided on 16/07/1985) and N.H.Ramachandraiah v. State of Karnaaka (W.A.No.2020 of 1985 decided on 02/08/1988). These three decisions were contrary to the view taken in Hanumaiah and Chikkanarasaiah. 23. In the aforesaid background, a Full Bench was constituted by this Court to hear Syed Bhasheer Ahamed s case, wherein, three questions were formulated for its consideration, which read as under:- (i) Whether the alinee from a holder of Village Office of authorised holder under an

24 24 alienation which took place after the appointed date on which the Principal Act came into force ( ) and before the Amendment Act came into force ( ), would acquire title even if the re-grant under Section 5 or 6, as the case may be, is after ? (ii) Alternatively, whether the alienation of a service inam land by the Holder or authorized holder, in favour of an alienee, made between and , would become null and void, if the re-grant under Section 5 or 6 was not made in favour of the alienor before ? (iii) Whether the above questions are decided in Lakshmana Gowda s case? The Full Bench at Clauses (a) to (f) of Para 30 has held as under:- (a) Alienation of re-granted Service Inam Land during the period to is valid and permission for sale is only a formality as the Deputy Commissioner was bound to give permission on mere payment of an amount equal to 15 times of land assessment.

25 25 (b) Under Sections 5(1) and 6 of the Act, any holder of a village office of any authorised holder, has a vested right to obtain re-grant of the Service Inam Land, which was held by him immediately before (that is as at the end of ) subject to payment of occupancy price in terms of the Act and the Rules; the fact that the holder or authorised holder had alienated the land and divested himself of possession of the land after and before will not disentitle him, to re-grant under Section 5(1) or 6 of the Act, as what is relevant for re-grant is holding of such land as at the end of (c) Alienation of Service Inam Land between and , by a holder or an authorised holder before re-grant, is not invalid, as he had a vested right to get re-grant and as there was no bar regarding alienation during that period; but the alienee will be a person with imperfect title entitled to continue in possession and when the land is regranted to the alienor, the title obtained by the alienor will enure to the benefit of the alienee; (d) the date of re-grant, whether before or after , will not be relevant to determine the

26 26 validity of the alienation between and , as what is prohibited after prospectively for a period of 15 years, is alienation and not re-grant. (e) The alienee between and has no right to seek re-grant in his own name and his right is only to claim the benefit of doctrine of feeding the grant by estoppel as and when re-grant is made to his alienor under Sections 5(1) or 6; and for this purpose he may support or pursue any application for re-grant in favour of his alienor; (f) There is no provision in the Act authorising the State Government or its authorities to evict an alienee under an alienation made between and Section 7 is not applicable, as such an alienee is not an unauthorised holder. If the land alienated between and , is subsequently regranted to the alienor, the benefit of such re-grant, namely, title will enure to the benefit of the alienee. If the land is not regranted to the alienor, but to some one else on the ground that the alienor is not a holder or authorised holder, then the alienee will be in the position of a transferee from a person without any title; and the grantee to

27 27 whom the regrant is made, will be entitled to obtain possession from the alienee and the limitation for such grantee to dispossess the alienees will commence from the date of re-grant. 24. Therefore, when alienations are made between 01/02/1961 and 07/08/1978 as has been done in the instant case, the said alienations cannot be held to be invalid under the provisions of the KVOA Act, The alienee has right to seek re-grant in the name of the holder or authorised holder and his right is only to claim the benefit of doctrine of feeding the grant by estopel and alienee may support or pursue any application for re-grant in favour of the alienor. In fact in Syed Bhasheer Ahamed, Full Bench followed the dictum of Division Bench of this Court in the case of Lakshmana Gowda. 25. The land in question, namely, Sy.No.46 being attached to the village office, per se, it is outside the purview of definition of granted land under the provisions

28 28 of PTCL Act. Therefore, on this very ground it is to be held that the Act is not applicable even to Sy.No Thus in the instant case, as the lands are admittedly attached to the village office, they are out side the purview of the definition of Granted Land under the PTCL Act and hence, the impugned orders would have to be quashed as being without jurisdiction. 27. Reliance placed on Division Bench Judgment of this Court in Writ Appeal Nos.92-93/2012 and connected appeals disposed of on 22/06/2012 is of no assistance to respondent Nos.4 to 10 as in that case the purchaser had filed an application before the Land Tribunal for grant of occupancy rights as a tenant. That is not the case here. 28. In the result, writ petition is allowed. Impugned orders at Annexure B and D are quashed. Parties to bear their respective costs.

29 In view of the disposal of the writ petition, I.A.No.5/14 for vacating stay would not survive for consideration and it stands disposed. Kmv/*mvs Sd/- JUDGE

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