B V YOGANANDA Vs. N A RAGHAVA

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal has been preferred by the legal representatives of the land holder questioning the correctness of the judgment of the Division Bench of the High Court of Karnataka in Writ Appeal No. 3285 of 1998. By that order the Division Bench refused to interfere with order of the Learned Single Judge dated 24.6.98 made in Writ Petition No. 18399 of 1993. The learned Single Judge dismissed the writ petition on the ground that there was no warrant to condone the delay of 5 years in filing of the application for bringing legal representatives of the deceased writ petitioner on record.

(3.) The facts of the case are that the order passed by the Land Reforms Tribunal dated 22.4.93, which went in favour of the respondents who claim to be tenants was, challenged in the writ petition which was filed in 1993 by the land holder Veerappa. Subsequent to the filing of the writ petition the said Veerappa died on 19.6.93. The death of the writ petitioner was not brought to the notice of the Court and the writ petition was allowed on 12.12.94 on merits. On the ground that by the date of the disposal of the writ petition the writ petitioner was dead, the respondents in the writ petition filed an application to recall the order dated 12.12.94. That application was allowed and the writ petition was reopened. Thereafter the writ petition was dismissed as having abated on 12.3.97. It was at that stage that applications were filed for calling the order dated 12.3.97 and for bringing the legal representatives of the deceased writ petitioner on record.