VINCENT CASTELINO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner herein is impugning the order dated 13.10.1981 passed by the IX Additional Land Tribunal, Mangalur Taluk, in proceedings bearing No.LRT.875/1978- 79 and 868/1978-79.

(2.) The petitioner herein is said to be owner of land bearing Sy.No.10/2P2 measuring to an extent of 9 cents and Sy.No.192/P2 measuring to an extent of 11 cents, situated at Kudupu village of Mangaluru Taluk. According to him, among other lands these two lands were purchased by his father - Victor Castelino under registered sale deed dated 1.8.1974 from its erstwhile owner Bhujanga Rao.

(3.) The petitioner would bring to the notice of this Court that based on the Sale Deed in the name of his father, subsequent Will executed by his father and partition entered into between himself and his brother, his name is entered in RTC showing him as owner of land bearing Sy.No.10/2P2 measuring 9 cents and another Sy.No.192/P2 measuring 11 cents. According to him, to his surprise and shock, in the year 2012 there was an attempt to survey his lands on the premise that occupancy right of the said land was granted in favour of respondent Nos.3 and 4 in proceedings bearing No.LRT.875/1978-79 and 868/1978-79, which were disposed of by order dated 13.10.1981. It is only after that, it is stated that he came to know about the aforesaid proceedings and applications being filed by respondent Nos.3 and 4 along with others in their family seeking occupancy right in respect of various lands including the lands which are standing in his name. Hence, he has filed the present writ petition where an attempt is made to explain the inordinate delay in challenging the order impugned.