ESTHALINE PINTO Vs. EDMONE GONSELVES

JUDGEMENT

(1.) This writ petition is filed challenging order 12/11/1981 passed by Land Tribunal, Mangaluru (for short 'Tribunal') in LRT.no.186 and 193/1978-79 as per Annexure-A and for writ of mandamus to direct Tribunal to grant occupancy rights in respect of 1 acre 7 cents of Sy.no.45/1B of Bajpe Village, Mangaluru.

(2.) Shri G. Balakrishna Shastry, learned counsel appearing for petitioners submitted that petitioner had filed Form no.7 (Annexure-B) for grant of occupancy rights in respect of Sy.no.45/1B among other lands. Though, under impugned order, petitioner's application in respect of other lands was considered and granted, there was no order passed in respect of Sy.no.45/1B. Consequently, treating it as case of deemed rejection, writ petition was filed.

(3.) It was submitted that before Land Tribunal, landlord had appeared and given a statement, affirming tenancy as per applications filed by respective tenants. Same would affirm petitioner's claim to extent sought for in Sy.no.45/1B. Such being case, failure of Tribunal to pass orders in respect of Sy.no.45/1B would call for interference and therefore sought for allowing writ petition.