GOVIND KRISHNARAO DESHPANDE Vs. LAND TRIBUNAL

JUDGEMENT

(1.) THE petitioner-Govind Krishnarao is knocking the doors of this Court for the purpose of setting aside the order of the Land Tribunal, Dharwad dated 26-4-1979 in this Writ Petition. Sy. No. 54 measures 3 acres 6 guntas. It is situated in Lakamanahalli Village, Dharwad Taluk. The said land was taken by the Court of wards when the petitioner was a minor due to the insanity of the father of the petitioner. The District Judge, Dharwad appointed the Deputy Commissioner as court of wards. The property was under the management of the Court of wards. Thereafter, the court discharged the management of wards.

(2.) THE 3rd respondent filed Form No. 7 seeking occupancy rights. In Form No. 7, he has shown one Sri. Ananth Venkatesh Deshpande, Ganapathrao V Deshpande and the petitioner as the landlord in respect of Sy. No. 24. Sri Ganapath Rao and Anath Venkatesh Deshpande are the brothers of the petitioner's grandfather Sri. Anantrao Venkatesh Deshpande had died on 30-4-1958 Sri Ganapath Rao Venkatarao Deshpande died on 13-8-1969. Dead persons are shown as landlords. The petitioner was also impleaded as a party in the said proceedings. According to the petitioner, he was not notified and without notification, an order was passed ordering occupancy rights in favour of the contesting respondent. The petitioner states that he was unaware of the orders. The petitioner came to know of this order only when the 3rd respondent objected to the proceedings being continued in respect of the petition lands in terms of the averments made in para 5. The petitioner wants an interference on the facts of this case.

(3.) NOTICE was issued. The contesting respondent entered appearance. Records are made available to the Court. Sri. Ravi Shankar Shastry, Learned Counsel argues that there is violation of rules of natural justice in the case on hand. He points out that no notice was served and even otherwise the proceedings are in violation of well accepted rules of natural justice. He wants an opportunity.