U.B.M.C. TRUST ASSOCIATION OF SOUTH KANARA AND COORG REP BY ITS CHAIRMAN MR. RONALD M. KARKADA Vs. STATE OF KARNATAKA REP BY ITS SECRETARY AND OTHERS

JUDGEMENT

(1.) THE order of the Land Tribunal at Mangalore dated 08.12.1978 in No. LRT: 1382/1977 -78 is assailed in this Writ Petition. It is the case of the petitioner that the impugned order is passed in violation of the principles of natural justice. Briefly stated, the facts are that late Smt. Kamala Bai, the declarant had filed Form No. 7 in respect of land bearing Town Sy. No. 685, Mangalore Taluk, D.K. District, measuring 22 cents against respondent No. 3. In fact the petitioner who was the landlord/owner of the said property. The Tribunal has not considered this aspect of the matter and has granted occupancy rights to the declarant Smt. Kamala Bai, the predecessor in title of respondents 4 -13 erroneously and in violation of principles of natural justice. As the petitioner was not a party to these proceedings, it did not have the knowledge of any impugned order. Therefore, the delay in filing the Writ Petition has to be condoned.

(2.) LEARNED Counsel for petitioner has reiterated what has been stated in the Writ Petition and has also referred to Form No. 7 which is at Annexure -C by pointing that the name of respondent No. 3 has been wrongly stated there and whereas the petitioner's name has to be stated by Kamala Bai. The reference has also been made to the order dated 1.2.1994 passed in W.P. No. 5006/1989 wherein the members of the petitioner's association had assailed the order dated 17.9.1981 passed by the Land Tribunal and the Division Bench of this Court had quashed that order by holding that there was no delay in making the same. He therefore contended that this is a fit case despite the delay for this Court to intervene in the matter.