VENKATAMMA Vs. LAND TRIBUNAL

JUDGEMENT

(1.) The petitioners are the legal representatives of one late Venkatappa. Respondent No.2 herein was the owner of 8 acres of land in Sy.No.155/14 of Hulimangala Village, Anekal Taluk. Late Venkatappa and one Muniyappa, both preferred L.R.F.A.T.C.9/1974-75 before the Land Tribunal, Anekal, claiming occupancy rights over the property and the Land Tribunal by its order dtd. 28/7/1975 granted 4 acres of land each to them out of 8 acres owned by respondent No.2. Aggrieved by the same, respondent No.2 preferred W.P.No.4869/1975 and the same was allowed on 2/11/1977, wherein, the order of the Land Tribunal was set aside. Aggrieved by the order in the writ petition, Muniyappa preferred W.A.No.2591/1982, wherein, though late Venkatappa was made a party, notice to him was dispensed with and Muniyappa and respondent No.2 entered into a compromise and an order was passed on 19/6/1985 in the said writ appeal, approving the said compromise. The petitioners thereafter, made an application in the disposed L.R.F.A.T.C.9/1974-75, for re-agitating their rights over the property concerned. The same has been dismissed. Aggrieved by the same, the present writ petition is filed.

(2.) The effect of the order passed in W.P.No.4869/1975 is that the order passed by Land Tribunal has been set aside, meaning late Venkatappa and Muniyappa had no right over the property concerned. Muniyappa alone challenged the said order by way of writ appeal, which was compromised between Muniyappa and respondent No.2 herein. The rights of late Venkatappa was not the subject matter of the writ appeal. If aggrieved, by the order in W.P.4869/1975, late Venkatappa should have challenged the same, which he has failed to do so. It is not open for him to over come the order passed in the writ petition by filing an application before the Land Tribunal in an already disposed of matter. The Land Tribunal has rightly dismissed his application.

(3.) For the aforementioned reasons, the writ petition being devoid of merits is hereby dismissed.