AMMUNJE RAMANANDA NAYAK Vs. THE LAND TRIBUNAL

JUDGEMENT

(1.) PETITIONERS have assailed order dated 19.9.1979 passed in LRY 69 -151 -TRI/8485/1979 -80 by the 1st respondent - Land Tribunal, Udupi District, Udupi.

(2.) THE relevant facts of the case are that petitioners are the children of late Ammunje Madhava Nayak, who have assailed the impugned order. After enforcement of the Karnataka Land Reforms Amendment Act, 1974, father of respondent Nos. 2 to 8, late Deju Poojary had filed Form No. 7 seeking grant of occupancy rights in respect of land bearing survey No. 122/1B, consisting of 8 cents in khatha No. 276 of Shivalli Village, Udupi Taluk. He had arrayed Sri. Ammunje Ananda Nayak, who is stated to be elder brother of petitioners' father and their mother -Smt. Rukminiyamma as respondents before the Land Tribunal. According to petitioners, their father was moolagenidar from 12th respondent -Temple. The Land Tribunal after issuing notices to the parties, by order dated 26.7.1979 granted occupancy rights in respect of the aforesaid survey number to the father of respondents 2 to 8 herein. That order is assailed in this writ petition.

(3.) ON a query with regard to delay of 35 years in filing the writ petition, learned counsel for the petitioners sought to justify the fact that there is no delay in filing of the writ petition, as the petitioners were unaware of the order granting occupancy rights, that order is impugned in this writ petition, that the name of Sri. Ammunje Madhav Nayak appears in the RTCs along with Udupi Sri Krishna Devaru, who is respondent No. 12 herein till date. When respondents 2 to 8 sought to get their names entered in the revenue records petitioners became aware of the impugned order and therefore not having knowledge about the said order and being ignorant of the same, delay in the instant case cannot be a matter which can be taken into consideration while considering the matter on merits, is the submission. Learned counsel therefore contended that keeping aside the fact of delay, the matter may be heard on merits.