LAWRENCE D SOUZA Vs. KARIYA MOOLYA

JUDGEMENT

(1.) THE petitioner assailing the correctness of the impugned order dated 19-8-1980 in No. LRY/lll/97/tri/50/80-81 (Annexure-C) passed by the land Tribunal, Udupi has filed this writ petition.

(2.) THE case of the petitioner is that, father of the petitioner and the father of the 2nd respondent are brothers and the 1st respondent is claiming the occupancy rights as tenant in respect of the land belonging to the petitioner in Sy. Nos. 241/2, 302/1, 303/2a and 308/2b measuring 2 acres 6 guntas, 2 acres, 1. 46 acres, 0. 72 cents. This writ petition is confined to the above survey numbers only and not in respect of other survey numbers where the occupancy rights are granted by the Land tribunal, as these properties have fallen to the share of the petitioner's father by virtue of a Will dated 8-5-1958. The 1st respondent has not shown the owner of the property in respect of these survey numbers and the Land Tribunal has not issued any notice and it has proceeded to dispose of the same unilaterally behind the back of the petitioner. The tribunal has not conducted the enquiry as provided under the relevant provisions of the Land Reforms Rule. Therefore, the impugned order passed by the Land Tribunal is liable to be set aside on this ground alone. The petitioner came to know about the order passed by the Land tribunal in the month of June 2002 when he and his family members were inclined to hold partition. Immediately, he has filed this writ petition.

(3.) HEARD the learned Counsel for the petitioner and the learned Government Advocate for respondents 3 and 4 at a considerable length of time.