LAWS(KAR)-1998-10-21

RATHNAMMA Vs. B A SRINIVASA GUPTA

Decided On October 28, 1998
ALBAN DSOUZA Appellant
V/S
LAND TRIBUNAL, UDUPI TALUK Respondents

JUDGEMENT

(1.) IN this writ petition the petitioner, claiming to be a mulgeni tenant of the land bearing sy. No. 66/1a and 66/1b of mudanidambur village, has challenged the impugned order of the land tribunal dated 9-6-1991 vide Annexure-A by which the mother of respondents 2 to 5 has been registered as occupant of 76 cents in sy. No. 66/1a. The impugned order has been questioned on various grounds.

(2.) RESPONDENTS 2 to 5 have strongly opposed the petition. Having heard the learned counsel for the parties, I am of the opinion that the facts and the contentions urged need not be traversed since the petition can be decided with reference to the admitted facts just by meeting the contentions raised on behalf of the petitioner.

(3.) THE 7th respondent is the owner of the lands in question. She has not challenged the impugned order granting occupancy rights. Even though the petitioner claims to be a mulgeni tenant, he has not filed application seeking conferment of occupancy rights. Hence, the petitioner has no right to challenge the impugned order. He has no locus standi to question the occupancy rights granted in favour of respondents 2 to 5. On this ground alone the writ petition is liable to be dismissed.