LILLY MASCHARANHAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has assailed order dated 15-1-1997 in LRT No. 1401/79-80, passed by the Land Tribunal, Manga lore Taluk.

(2.) It is the case of the petitioner that the impugned order has been passed without issuing any notice to her and she had not participated in the proceedings leading upto the impugned order. Therefore, the said order reducing the extent of land granted to her brother earlier is a nullity being in violation of principles of natural justice. He therefore contended that the impugned order may be quashed and fresh consideration be made in the matter.

(3.) I have considered this submission in light of material on record, particularly, the impugned order dated 15-1-1997. From the material on record, it is evident that insofar as Survey Nos. 1-3A1 and 1-3C1, what was granted by the Land Tribunal by the order dated 17-10-1981 was 80 cents and 50 cents respectively. Thereafter, at the time of issuance of Form 10, it is the petitioner herein who approached the Land Tribunal for issuance of Form 10 in respect of the extent of land in her actual possession. The said fact is very much evident from the impugned order. As such, the Land Tribunal took up the proceedings for the passing of the impugned order on the application filed by the petitioner, accordingly, in respect of Survey No. 1-3A1, the extent of land was reduced to 34 cents and in respect of Survey No. 1-3C1, it was reduced to 60 cents.