ADAGOUDA BHABU PATIL Vs. LAND TRIBUNAL

JUDGEMENT

(1.) This case reflects the sorry state of affairs of unclean hands approaching this Court for relief under Article 226 of the Constitution of India. This case must be an eye opener to all the litigants ill the matter of suppression of material facts for the purpose of obtaining orders from the Courts of law. Courts of law are considered to be temples of justice. Temples of Justice are not to be polluted under any circumstances.

(2.) Smt. Ratnabai w/o. Adagouda Patil and her children are before me seeking for a writ of mandamus directing the 1st respondent-Land Tribunal to dispose of the application of the petitioners in respect of the petition lands in Sy.Nos. 240/1+2,241/1+2,242/1+2 of Sadalaga Village, Tal: Chikodi, Dist: Belgaum, bearing No. KLR/SR/364/1974-Sadalaga, as ordered by this Hon'ble Court by its order dated 12.10.1999 passed in W.P. No. 15052/1993, Annexure 'C' expeditiously.

(3.) The facts narrated in the Writ Petition areas under: The lands involved in this Writ Petition are Sy. Nos. 240/1+2 measuring 12A-19Gs, out of this a portion of 3A-06Gs on the Northern side, Sy. No. 241/1+2 measuring 9A-01 Gs, out of this a portion of 2A- 16Gs on the Northern side and Sy.No. 242/1+2 measuring 6A-20Gs, out of this a portion of 1A-28Gs on the Northern side, all situated in Sadalaga Village, Chikodi Taluk. These three lands are adjoining each other and totally measures 28 acres. The petitioners are in possession and cultivation of a total portion of 7 acres 10 guntas situated on the northern side of these lands. The respondents 3 to 5 are the owners of the said lands. The petition lands originally belonged to one Ganesh Joshi who leased the above said entire lands in favour of the family of the petitioners and that of one Appasaheb and Annasaheb sons of Tatya, Ugare Long prior to 1942. The families of the petitioners and that of Ugare have been in possession and cultivation of the respective portions of the lands out of the above said Sy.Nos. as tenants. After death Ganesh Joshi, left behind 2 sons namely respondent No.3 and late Sakharam, the father of respondents 4 and 5. Late Adagouda Patil has taken the above mentioned 7 acres 10 guntas out of the petition lands as tenant from the land owners and he has been in possession and cultivation of the said lands. The name of Adagouda Patil was entered as Protected Tenant. Dispute arose between the families of the petitioners and ultimately the case was settled in terms of a decree passed in AC.No. 1/1970. Thereafter, according to the petition averments, a Wardi was given to the Revenue Authorities and 'the Tahsildar, Chikodi and entries are updated as per the wahiwat made by the respective parties. The 3rd respondent filed resumption application u/s. 15 of the Karnataka Land Reforms Act, 1961 (for short the Act) seeking resumption of his half share out of the petition lands. Proceedings were held with regard to a claim u/s. 15 of the Act and ultimately the contesting respondents were successful right up to the Supreme Court. The petitioners are not party to those proceedings.