ABHINAV BHARAT SHETTY Vs. THE LAND TRIBUNAL KUNDAPURA, REP BY ITS SPECIAL TAHSILDAR AND SECRETARY KUNDAPURA-576201, SUJATHA N SHETTY W/O NITHYANANDA SHETTY MAJOR, RUCHIRA COMPLEX, BRAHMAVARA, UDUPI DISTRICT, THANUJA A HEGDE, W/O LATE ASHOK HEGDE

JUDGEMENT

(1.) THE petitioner is assailing the order passed by the Land Tribunal granting occupancy rights in favor of the predecessor of respondents 2 and 3.

(2.) THE matter arises in the following manner:

(3.) MR . Mohandas Shetty, learned Counsel for respondent No. 2 submits that there is considerable delay in filing the writ petition. He further submits that the petitioner's mother was arrayed as a landlord and she was not available for service of notice. But, however, it was affixed on the land. Hence, he submits that they were aware of the proceedings. He further submits that on spot inspection, the original applicant was in possession to an extent of 1 acre 85 cents in Sy.No. 342/1. Hence, occupancy rights have also been granted. He further submits that after the grant, there is a partition amongst the family members and the property has been further sub divided and has been allotted to various members of the family. He also submits that the properties are sold and third party rights have been created.