MADHAVDAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The original petitioner, namely Madhavdas, since dead represented by his legal representatives, petitioners herein, had preferred this petition, inter alia, for quashing the order of the Land Tribunal in case No.VR:11 dated 06.08.1992 (Annexure 'A' to the petition).

(2.) The brief facts leading to this writ petition are as under:-

(3.) It is contended on behalf of petitioners that the impugned order is passed by the Land Tribunal without issuing notice to the petitioner - Madhavadas. He came to know about the impugned order only in May 2016 when few persons from the Corporation had come looking for P.K. Chako and sought for inspection of the aforesaid house. After remit order passed by Division Bench of this Court, which was confirmed by the Hon'ble Supreme Court, the original petitioner was diligently attending the proceedings bearing No.LRT.3731/78- 79 before the VII Land Tribunal, wherein his application for conferment of occupancy rights in respect of the aforesaid two lands was pending consideration. Copies of extracts of RTC for the period from 1996-97 to 1999-2000 vide Annexures 'L' and 'M' have been produced along with the petition to demonstrate that the name of the original petitioner was entered in the revenue records in respect of Sy. No.138/8A1. It is pointed out that after the death of P.K. Chako, his daughter, who is third respondent herein, has got the records mutated in her name in respect of Sy. No.138/*/8A1P2 vide Annexures 'N' and 'P' to the petition. It is argued that the Land Tribunal was justified in conferring occupancy rights in favour of P.K. Chako as he was neither an agriculturist nor an agricultural labourer. Therefore, the impugned order is sought to be set aside in this petition.