SANTHOSH V RAI Vs. LEGORY SALDHANA AND ORS

JUDGEMENT

(1.) Petitioner has challenged order dated 6-8-1981 passed in proceeding No. LRT 1535/77-78 by the respondent 3-Land Tribunal, Mangalore, Dakshina Kannada District (Annexure-A to the writ petition). The relevant facts of the case are, that one Josephin Pinto had filed Form 7 against the mother of the petitioner-Smt. Ramamba W/o. L.N. Rai on the amendment of the Karnataka Land Reforms Act, 1961, seeking grant of occupancy rights of various survey numbers. The Land Tribunal by the impugned order dated 6-8-1981 allowed the application filed in Form 7 by her and granted occupancy rights in respect of survey numbers mentioned in the impugned order. That order is assailed by the petitioner, who is said to be the son of Ramaramba.

(2.) I have heard learned Counsel for petitioner and learned Counsel for respondents 1 and 2 as also learned Government Pleader appearing for respondents 3 and 4 and perused the material on record.

(3.) On query from the Court with regard to delay in assailing the impugned order, the learned Counsel for petitioner stated that petitioner's mother Smt. Ramaramba, had died during the pendency of the proceedings before the Tribunal and her legal representatives were not brought on record and therefore, the impugned order is a nullity as it is in violation of principles of natural justice. Learned Counsel for petitioner further contended that on coming to know about the impugned order petitioner has rushed to this Court by filing writ petition and the delay would not be a factor to be taken note while considering the matter on merits.