FELIX WILLIAM SALDANHA SON OF JOHN BAPTIST SALDANHA Vs. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S. BUILDING, BANGALORE 560 001, THE LAND TRIBUNAL BANTWALA TALUK BANTWALA, D.K. REPRESENTED BY ITS SECRETARY 574 202 3.

JUDGEMENT

(1.) SRI Shashidhar S. Karamadi, the learned Government Pleader is directed to take notice for the respondent Nos. 1 and 2. The petitioners have raised the challenge to the order, dated 30.10.1979 (Annexure -A) allowing the Form No. 7 application and granting the occupancy rights in favour of the third -respondent.

(2.) SRI S. Vishwajith Shetty, the learned counsel for the petitioners submits that the petitioners had no notice of the proceedings before the Land Tribunal. He submits that the land in respect of which the occupancy rights are granted has ceased to be an agrarian land long ago. He submits that the third respondent is a tenant only in respect of the house standing on 6 cents of the land in question.

(3.) IN paragraph No. 5 of the memorandum of the writ petition, the petitioner has made attempts to explain the delay. The same is extracted hereinbelow: