LAXMAN BASAPPA ALIAS BASAWANTAPPA ALEBASAPPANAVAR MAJOR YALLAWWA WIFE OF Vs. STATE OF KARNATAKARESENTED

JUDGEMENT

(1.) PETITIONERS are before me challenging the order of the Land Tribunal, Dharwad dtd 30-5-1988.

(2.) THE impugned lands situated in Navalur village, Dharwad Taluk belong to the petitioners. Respondent No. 2 filed form No. 7 seeking occupancy rights before the land tribunal. Respondent No. 3 did not file any application at all. The land tribunal rejected the same by its order dtd 5-9-1980 and ordered forfeiture of the lands to the Government. Aggrieved by the same, petitioners filed a writ petition in this Court. This Court set aside the impugned order and remanded the matter to the land tribunal. According to the petitioners, the land tribunal without issuing any notice, has passed the impugned order. There is divergent opinion between the members of the tribunal. In the light of constitution of the appellate authority, petitioners filed an appeal before the appellate authority. Later the appellate authority stood abolished. Civil Petition was filed in this Court and the same was allowed. Proceedings were converted as writ petition. This is how the present writ petition is listed before me.

(3.) MATTER was posted from time to time. Petitioners were to take steps in respect of deceased respondents 2 and 3. Despite time being granted on several occasions, no steps were taken. On 17-1-2006, this Court ordered that the writ petition has abated as against Respondents 2 and 3. Now the writ petition is posted before this Court. At the time of arguments, learned Counsel for the petitioner would say that even without the legal representatives of deceased respondents 2 and 3, this Court can consider the case on merits. He would rely on a judgment of this Court in ilr 1999 KAR 2920.