E A D SOUZA Vs. CYRIL JOSEPH RODRIGUES

JUDGEMENT

(1.) THE common petitioner questioning the correctness of the orders passed by the V Land Tribunal, Karkala, dated 30. 7. 1981 an 22. 8. 1981 vide proceedings Nos. TRL 92/81-82 and TRL 166/81-82 insofar as it relates to Sy. No. 174/10b1 measuring 0-10 acres and Sy. No. 161/1b1 measuring 0. 17 acres situate at Pucchamogaru Village, Karkala Taluk respectively, has presented these Writ Petitions.

(2.) THE grievance of the learned Counsel appearing for the common petitioner in these Writ Petitions is that, the petitioner claims that he is the owner of the lands in question and he is in peaceful possession and enjoyment of the said lands and that the first respondent made an attempt to interfere with the peaceful possession and enjoyment of the said lands. After verification, he came to know that the lands in question have been registered in the name of the first respondent by the Land Tribunal by passing the above said impugned orders. The petitioner was neither a party to the proceedings before the Land Tribunal nor any notice was issued in that behalf and the Tribunal has proceeded to grant occupancy rights unilaterally without compliance of the principles of natural justice. Therefore, the petitioner is constrained to approach this Court immediately after the date of knowledge without any delay, by presenting these writ petitions.

(3.) I have heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondents.