SANGAWWA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have prayed that the order dt. 11-1-1978 passed by the Land Tribunal, Shorapur, in Cases Nos. LRT/7/ 1/75 76/Wagangera, and LRT/7/4, 5210/ 75 76, be quashed.

(2.) The records maintained by the Land Tribunal are before the Court having been called for. Sri Indrajeet Shah, learned Advocate appointed by the Government to represent the Land Tribunals in such matters, has prayed that he may be permitted to file memo of appearance. Permission is granted.

(3.) The lands involved in this case are Sy. Nos. 206 and 209 of Wagangera Village, Shorapur Tq. The petitioners claimed occupancy rights over both the lands by filing form No. 7 on different dates which are 18-8-1975 and 18 11-1975. Respondent-4 filed form No. 7 on 18 11-1975 claiming occupancy right over Sy. No. 206 only. The Tribunal has rejected the claims of the petitioners and respondent-4 by the impugned order, which is at Annexure-B, on the basis of the Civil litigation narrated to some extent in the course of the impugned order, and on the ground that the claims have been filed after 31 12-1974 without any piayer for condonation of delay as required by S. 48A (1) of the Karnataka Land Reforms Act, 1961, (to be hereinafter referred to as 'the Act"). So far as the cause of the litigation in OS No. 147 of 1970 narrated by the Tribunal in the impugned order is concerned, the counsel for the petitioners and respondent 4 stated that ultimately this Court has, in RSA No. 341 of 1974, by its judgment dt. 25 7 1980, remanded the matter to the trial Court with a direction to decide the suit after the issue in regard to tenancy is decided by the Laud Tribunal, apparently in view of S. 133 of the Act. Therefore, the only point that arises for consideration in this writ petition is whether the Tribunal was right in dismissing the claims on the ground that they had been filed after 31 12 1974, without giving any application for condonation of delay as requied under S. 48A (1) of the Act.