SARDJ INI BABU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By its order dated 25.5.1976 (vide Ex. E in case No. TNC. MSC. SR. 8391) the Land Tribunal, Karwar. rejected the claim of Smt. Sarojini Babu Baadkar (petitioner herein) for occupancy rights in respect of two items of agricultural lands comprised in Sy. Nos. 387 /2 and 386/1 respectively of village Baad, Taluk Karwar. Smt. Meenikabai Baadkar, the 3rd respondent herein, is said to be the owner of the said lands.

(2.) The petition challenging that order was filed in this Court on 6.8.79, more tan three years after me impugned order.

(3.) In view of this enormous delay in challenging the order of the Tribunal, Counsel for the petitioner was heard as to what explanation his client has to offer explaining this laches. He drew my attention to para-10 of the petition wherein it is stated about his client having filed a review petition seeking a review of the impugned order and of that petition still pending. It is not his case that his client had no notice of the proceeding or had no knowledge of the pronouncement of the impugned order. As is well known Tribunals constituted under the Kar- nataka Land Reforms Act, 1961, have no power to review their orders. Pursuing such a course will not be a satisfacory explanation for more than three years' delay. But, Counsel for the petitioner drew my attention to a decision of this Court in Krishna Sridhar Bhat v. Land Tribunal, Kumta (1) In that case there was nearly two years delay in filing the petition. The learned single Judge felt that the delay in that case was required to be condoned in view of the fact that the Tribunal had committed several illegalities.