SANTHOSH V. RAI Vs. ANTONY SALDHANA AND ORS.

JUDGEMENT

(1.) Petitioner has assailed order dated 12-6-1981 passed in proceedings No. LRT (5) 1534/77-78 by the respondent 4-Land Tribunal, Mangalore, Dakshina Kannada District (Annexure-A to the writ petition). By that order occupancy rights have been granted to applicant one Dooja Saldhana, i.e., father of the respondents 1 to 3 herein. The relevant facts of the case are, that on the amendment of the Karnataka Land Reforms Act, 1961, one Dooja Saladanha has filed Form 7 seeking grant of occupancy rights of various survey numbers, the details of which are mentioned in Annexure-A to the writ petition, impugned order dated 12-6-1981. The claim was made as against one Smt. Ramamba W/o. L.N. Rai. By the impugned order dated 12-6-1981, the claim made by the Dooja Saladanha had been granted. That order is assailed in this writ petition by L.N. Rai's son.

(2.) I have heard the learned Counsel for petitioner and learned Government Pleader appearing for respondents 4 and 5. Respondents 1 to 3 are served and are unrepresented.

(3.) During the course of submission, the learned Counsel for petitioner stated that there is no delay in filing the writ petition as because when the impugned order was passed Smt. Ramamba was dead and her legal heirs were not brought on record. It was, therefore, contended that impugned order is a nullity and is in violation of principles of natural justice.