SALIMABI Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) PETITIONER asserts that she is the widow of one Basha Sab, allegedly a tenant of land in Sy. No. 26/1 of Maralur Amanikere village, Tumkur taluk under an alleged landlady by name Gangamma, w/o Huchchaveeraiah, further asserts that one Abdul Sattar, father of respondents 3 and 4, as well as another Mohamed Ghouse were also tenants to an extent of 29 guntas each in the very same survey number. According to the petitioner, her husband is said to have filed an application in Form No. 7 under Section 48 -A of the Karnataka Land Reforms Act, 1961 for "grant" of occupancy rights over an extent of 2 acres 2 guntas. So also, it is said that Abdul Sattar had filed three applications in Form No. 7. According to the petitioner, the Land Tribunal by order dated "29/1 -82", Annexure -C having considered the application of the petitioner's husband noticed that he was in possession of 29 guntas of land in Sy. No. 26/1 and "granted" the same, while the claim of Abdul Satthar was rejected since his claim was considered on 27.4.1976 and conferred with occupancy rights over 29 guntas in Sy. No. 26/1. By order dated 27.4.1976 Annexure -D Abdul Satthar is said to have conferred with occupancy rights over 29 guntas in Sy. No. 26/1 of Maralur by the Land Tribunal, Tumkur.

(2.) IT is the allegation of the petitioner that Form No. 10 Annexure -E dated 31.3.1982 in respect of 29 guntas in Sy. No. 26/1 is issued to Abdul Satthar, father of respondents 3 and 4 and not to the petitioner's husband. On the further allegation is that Form No. 10 Annexure -E issued to the father of respondents 3 and 4 is illegal, has presented this petition on 27.10.2014 to quash Form No. 10 dated 31.3.1982 Annexure -E. The explanation for the inordinate delay of 32 years is set out in paragraph 4 of the memorandum of writ petition which runs thus:

(3.) REGARD being had to the inordinate delay of 32 years, the fact that petitioner's alleged husband since deceased, during his lifetime did not question either the order of the Land Tribunal Annexure -D conferring occupancy rights over 29 guntas in Sy. No. 26/1 in favour of Abdul Satthar, father of respondents 3 and 4 nor the issue of Form No. 10 dated 31.3.1982 Annexure -E in favour of said Abdul Satthar, petitioner claiming to be the widow cannot be heard to say that she is aggrieved by Annexure -E.