SARADAMMA, W/O. LATE SHANKARALINGAPPA Vs. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDA, BANGALORE 560 001, THE LAND TRIBUNAL, BANGALORE SOUTH TALUK, REP.BY ITS CHAIRMAN AND SIDDA BYRAIAH, S/O. LAT

JUDGEMENT

(1.) Though respondent No.3 is served, he has remained absent and unrepresented. By an order dated 15 -2 -1982, the. 2nd respondent Land Tribunal granted occupancy rights in favour of one Bajjanna in respect of Sy.No.34 of D. Narayanapura Village, Bangalore South Taluk, to an extent of 5 -00 acres and he was called upon to deposit the premium of Rs. 1,378/ -. Accordingly, he deposited the premium amount. Consequently, Certificate in Form 10 as provided under Section 55(1) of Karnataka Land Reforms Act, 1961, was issued. Even mutation entries were also made in the name of the tenant.

(2.) WHEN things stood thus, after a lapse of 29 years the 3rd respondent herein filed an application under Section 48A(6) of the Act seeking to modify the extent as 5 acres 28 guntas in place of 5 acres of land for which occupancy rights were conferred. The Tribunal, without issuing notice to the petitioners herein and without conducting any enquiry, has passed the impugned order altering the extent as 5 acres 28 guntas and to enter the name of 3rd respondent by canceling the mutation entries in favour of the petitioners. The same is questioned in this writ petition.

(3.) IN the first place, it is to be noted that the 3rd respondent has filed application after a lapse of 29 years from the date of order passed by the Land Tribunal granting occupancy rights. There is inordinate delay and laches and the Tribunal ought to have rejected the application on this ground alone. That is not done. The Tribunal has grossly erred in entertaining such a belated application and hence, the impugned order cannot be sustained.