SMITA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONERS, being aggrieved by the order dated 23rd June, 1977 vide proceedings No. TNC/t/sr/3667/athani in respect of land bearing survey No. 203 situate at Krishna Kittur Village, Athani Taluk, on the file of the second respondent-Land Tribunal, Athani vide Annexure-G and the Certificate issued in Form No. 10 by the Special tahsildar, Athani dated 30th November, 2004 vide Annexure-N in favour of respondents 3 to 9, have presented the instant writ petition. Further, petitioners have sought for a direction, directing the second respondent-Land tribunal, Athani to reject the application filed by respondents 3 to 9 since the said land is not a tenanted land as on 1st March, 1974.

(2.) THE grievance of petitioners in the instant writ petition is that, land bearing Sy. No. 203 measuring 09 acres 01 gunta situate at krishna Kittur Village, Athani Taluk, belgaum District, originally belonged to one srimant Chintamanrao alias Madhavarao patavardhan and he had been cultivating the said land and has been in possession of the same for the agricultural years 1965-66 to 1973-74 as owner. The land owner Sri. Srimant Chintamanrao Patavardhan died on 2nd January, 1972 at Wanless Hospital, Miraj. It is stated that, the said Chintamanrao patavardhan had a son by name, Gopalrao patavardhan, who also died on 31st October 2000 at Pune. The first petitioner is the wife of Gopalrao and the second petitioner is the son of said Gopalrao. Petitioners herein have succeeded the property from the original owner-Sri. Chintamanrao Patavardhan as his daughter-in-law and grandson respectively. When things stood thus, third respondent herein-deceased Gurupad, now represented by his legal representative (3a), had filed Form no. 7 for registration of occupancy rights in respect of the land in question as referred above as on 1st September, 1976 in his favour. The application filed by third respondent-late sri Gurupad tenant in respect of land in question had come up for consideration before the land Tribunal, Athani dated 23rd June, 1977 and the Land Tribunal, in turn, after following the procedure as envisaged under the relevant provisions of the Act and Rules, has registered the occupancy rights in favour of the applicants-respondents 3 and 4 herein, in respect of an extent of 06 acres situate on the southern side of Survey No. 203 of Krishna kittur village, Athani Taluk, Belgaum District, holding that, they are eligible to be registered as occupants. The Land Tribunal has proceeded to register the occupancy rights in favour of the applicants therein solely on the basis that, the Power of Attorney Holder on behalf of the legal heirs of Sri. Chintamanrao patavardhan has sent an application on 4th september, 1976 stating that, he has no objection to register the applicant as occupant. Accordingly, after conducting enquiry, the tribunal has registered the occupancy rights by its order dated 23rd June, 1977 in favour of applicants therein.

(3.) THE main ground urged by learned counsel for petitioners in the instant writ petition is that, there is no notice to these petitioners and that, the impugned order has been passed behind the back of petitioners unilaterally. It is petitioners' case that, as soon as it came to their knowledge, immediately they have rushed to this Court and presented the instant writ petition on 31st March, 2006 and that, the delay in presenting the instant writ petition is bona fide in nature and not intentional or deliberate. Therefore, having regard to this back-ground, petitioners herein felt necessitated to present the instant writ petition.