2008 INSC 0988
                                    SUPREME COURT OF INDIA

                                                 Arun Kumar

                                                      Vs.

                                             State of Karnataka

                                        C.A.No.1096-1097 of 2002

                                (Dr.Arijit Pasayat and P.Sathasivam,JJ.)

                                                 07.04.2008

                                                JUDGMENT

Dr.Arijit Pasayat, J.

1. Challenge in these appeals is to the order passed by learned Single Judge of the Karnataka
High Court allowing the civil revision filed under Section 121(A) of the Karnataka Land
Reforms Act, 1961 (in short `the Act'). Challenge in the petition was to the order passed by
the Land Reforms Appellate Authority, Dharwad (in short `Appellate Authority') Respondent
no. 3 had filed the petition. The Appellate Tehsildar has endorsed his findings on the
document itself. It is necessary to refer to Sections 7 and 41 of the Act which provide for
restoration of possession under certain circumstances. The procedure for recovery of such
possessions also prescribed. Undisputedly, no such application was, however, filed by the
respondent no.2. Additionally, no action was taken by respondent no.2 for grant of tenancy
rights from1955 till 1974. Above being the position, the High Court's order is clearly
indefensible and is set aside and the order passed by the Appellate Authority is restored.

2. The appeals are allowed without any order as to costs.

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