VEERAMMA HENGSU Vs. THE SECRETARY

JUDGEMENT

(1.) PETITIONER has assailed order dated 11.9.1981 passed in LRT - 253 -1, TRI - 4726 -77 -78 by the Additional Land Tribunal, Kundapur Taluk (Annexure -C)

(2.) BRIEFLY stated the facts are that petitioner claiming to be a tenant, had sought grant of occupancy rights in respect of several extents of lands in several survey numbers by filing Form No. 7. By the impugned order dated 11.9.1981, occupancy rights of survey No. 308/5A2 to an extent of 83 cents were granted to the rival tenant, mother of respondent No. 3. In fact, petitioner was granted several extents in several survey numbers by order dated 29.8.1975. The impugned order dated 11.9.1981 was assailed by the petitioner in Writ Petition No. 19343/1982 before this Court. On 22.7.1986, this Court transferred the proceeding to the Land Reforms Appellate Authority and the proceeding was numbered as LRA:TT -2891;86 KND. On the abolition of the Appellate Authority, the proceeding had to be retransmitted to this Court by filing a Civil Petition. That has not been done in the instant case. Petitioner being aggrieved by the grant of occupancy rights of the aforesaid survey numbers to the mother of respondent No. 3 is questioning the order dated 11.9.1981.

(3.) ON a query with regard to delay of 33 years in filing the writ petitions assailing the impugned order, learned 'counsel for the petitioner pointed out that petitioner is an illiterate person. Secondly, the possession continues with her and thirdly she was unaware of the fact that on the abolition of the Appellate Authority, Civil Petition had to be filed before this Court seeking transfer of the proceeding to this Court. He therefore pointed out that illiteracy is a sufficient ground for condoning the delay in approaching this Court, which had to be by filing a civil petition within the prescribed date.