B BAVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) LEGAL Representatives of Sri B. Bava are before this Court challenging the order dated 25. 10. 1978 passed by the Land Tribunal, Mangalore in this writ petition.

(2.) PETITIONER late Bava was in possession and enjoyment of 5 cents of land in Survey No. 25b-1a of Battaya Koppala of Maloor village. He was residing in a farmhouse situated in the land in question for several years. Respondent No. 3, now deceased, filed an application for registration of occupancy rights in respect of Survey No. 25b, measuring 25 cents. Respondent No. 3 claimed 5 cents of land which was in possession of the petitioner. Petitioner applied only for 5 cents along with the farmhouse which was in his possession. An application was filed before the land Tribunal, and the Land Tribunal without issuing notice to the petitioner granted occupancy rights in favour of Respondent No. 3. The said order was challenged in this Court in Writ petition No. 16801 of 1983. In the light of constitution of the appellate authority, proceedings were transferred to the appellate authority. Later, Appellate Authority stood abolished. A C. P. was filed and the proceedings were converted as writ petition.

(3.) MATTER was listed before me for final hearing. At the time of hearing, my attention was invited to the pending application filed by the petitioner with regard to bringing on records the legal representatives of the petitioner before the Appellate Authority. Said application was not disposed of by the appellate authority, and that therefore, the petitioner is not maintainable on the facts of this case.