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A DISPUTE REGARDING RTC ENTRY AND RIGHT TO INFORMANTION CLARIFICATION


Dear Sir,

Kindly advise me abt land case,

The court case which is in the court since 1976-77.
it is tribunal case area karwar, Uttar Kannada district, Karnataka state.
whenever we are asking tribunal office says evry time that there is no comittee selected so case could,t appear for hearing.

we came to know that karnataka govt already issued notice for tribunal court. but even than action are not taken.

we want to know that how and where which department we can ask abt the same. or shall we ask in the "Right of information Act" to whom which dept will u please help us.

from 1976 to 1990 two judjement had come from high court and case has been disolved even then opponent wrong way taken their name on land records. and all tax receipts we had from 1966 upto 1977 and many more years.
we all are ladies don't know proper kannada, staying with husband in Mumbai and old and illlitrate mother staying at village. we are asking our advocate to do some under Right of information act. he says it,s not applicable to this type of case,which falls under land tribunal act.
can u tell us what to do.?
Thanking you

RIGHT TO INFORMATION ACT APPLICABLE TO EVERY GOVT OFFICE AND TRIBUNAL YOUR ADVOCATE HAS WRONGLY INTERPRETED IT.

YOU FILE RTI APLICATION BEFORE DEPUTY COMMISSIONER SEEKING INFORMATION ABOUT CONSTITUTION OF TRIBUNAL

YOU FILE APPLICATION WITH ASSISTANT COMMISSIONER OFFICE SEEKING INFORMATION ABOUT YOUR CASE BY ASKING FOLLOWING DOCUMENTS BY QUOTING CASE NUMBER

1. ENTIRE ORDER SHEET OF THE CASE.

2.ENTIRE DOCUMENTS FILED BY BOTH THE PARTIES.

SEE TO THE DOCUMENTS WHETHER ENQUIRY IS CONDUCTED OR NOT IN THE CASE.

IF YOU ARE HAVING PHANI ENTRY OF YOUR ANCESTERS NAME IN TILLERS COLUMN NUMBER 12 THEN DO NOT WORRY ABOUT THE SAME, THE LAND WILL VEST WITH GOVERNMENT.

WHAT STEP YOU HAVE TO TAKE REGARDING PHANI ENTRIES

FILE AN APPLICATION BEFORE TRIBUNAL SEEKING STAY OF PHANI ENTRY BY SHOWING THAT THE ENTRY MAY BE MIS-UTILISED TO SELL AND SUCH STAY OF IT SHALL BE ENTERED IN RTC. PLEASE SEE APPLICATION FORMAT AND CHANGE THE FORMAT TO SUIT YOUR CONVENIENCE.

CASE LAW FOR YOUR CASE AND DOUBTS

Thunga Bai And Ors. vs Vishalakshi Heggadthi And Anr. ILR 1975 KAR 739, 1974 (2) KarLJ 484

The Karnataka Land Reforms Act, 1961, (hereinafter called the Act) came into force on 2-10-1965. The object of the said Act, inter alia, is to terminate the relationship of landlord and tenant and to confer ownership rights on the tenants. Landlords are prohibited from evicting their tenants. Section 14 of the Act permitted resumption subject to the terms and conditions laid down therein. Section 14 has now been deleted by the Karnataka Amendment Act No. 1 of 1974. Section 25 provides for surrender of lands held by a tenant. The said section, before it was amended by Karnataka Amendment Act No. 1 of 1974 read thus:
"25 Surrender of land by tenant:--
(1) No tenant shall surrender any land held by him as such, and no landlord shall enter upon the land surrendered by the tenant, without the previous permission in writing of the court.
(2) Permission under Sub-section (1) shall be granted if, after making such inquiry as may be prescribed, the court is satisfied that the proposed surrender is bona fide and the land surrendered does not exceed the extent of land which landlord could have resumed from his tenant under Section 14; in other cases, the permission shall be refused....."
By Section 25 a bar was imposed against surrender of any land held by a tenant without the previous permission in writing of the 'court'. The Court can grant permission after making enquiry if it is satisfied that the proposed surrender is bona fide and the land surrendered does not exceed the extent of land which the landlord could have resumed from his tenant under Section 14. The section further barred the landlords from entering upon the land surrendered by their tenants without the previous permission in writing obtained from the Court. Thus there is a prohibition against surrender of any land by a tenant and a further prohibition against the landlord from entering upon the land surrendered by the tenant, without the previous permission in writing of the Court.



In the case of Nagappa Devanna v. Venkataramana Thimmanna and Anr. 1978(1) Kar. L.J. 70 (DB), wherein this Court held that: What is relevant for the purpose of the Act and the determination by the Tribunal is whether the lands in respect of which proceedings are taken under Chapter III were tenanted lands being cultivated personally by the alleged tenants immediately prior to 1-3-1974. If there was any dispossession after 1-3-1974 by the landlord or by the main tenant or a sub-tenant, it is wholly immaterial and will not affect the right of the tenant personally cultivating the land immediately prior to 1-3-1974.





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