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1977 Supreme(Kar) 223

Karnataka High Court
NINGAMMA - Appellant
Versus
LAND TRIBUNAL, MADDUR TALUK - Respondent
Decided On : 11-18-77
W.P. : 4128 of 1976

Advocates:
M.S.SURYANARAYANA RAO, W.K.JOSHI

Claims already disposed of according to law should not be re-opened, and failure to respond to public notice and appear before the Tribunal can result in rejection of the application.

Headnote:

Land Tribunal - Karnataka Land Reforms Act - The court upheld the decision of the Land Tribunal to reject the petitioner's application for occupancy right over a land, as the petitioner failed to respond to the public notice and did not appear before the Tribunal, despite the claim of another party being settled in accordance with the law.

Fact of the Case:

The petitioner filed an application for occupancy right in a land, but the Tribunal rejected the application citing that the claim had already been settled in favor of another party, as per the provisions of the Karnataka Land Reforms Act.

Finding of the Court:

The court found that the petitioner's failure to respond to the public notice and appear before the Tribunal resulted in the rejection of the application, as the claim had already been settled in accordance with the law.

Issues: The issue was whether the petitioner had the right to maintain another application for occupancy right over the land, despite failing to respond to the public notice and appear before the Tribunal.

Ratio Decidendi: The court held that claims already disposed of according to law should not be re-opened, and upheld the Tribunal's decision to reject the petitioner's application.

Final Decision: The court dismissed the writ petition, upholding the decision of the Land Tribunal to reject the petitioner's application for occupancy right over the land.

( 1 ) THE petitioner has prayed that the order passed by the Land Tribunal, maddur, in accordance with which endorsement dated 7-5-1976 has been issued by the Tahsildar Maddur Taluk, as per Exhibit B, be quashed. The case of the petitioner is that on 24-12-1975 she had filed an application under S. 48-A of the Karnataka Land Reforms Act, 1961 (to be hereinafter referred to as the Act) praying that occupancy right in regard to land survey No. 271/2 of Kasaba Maddur village, be conferred on her, but instead of deciding her claim the Tribunal has issued an endorsement (Exhibit B) to the effect that by 18-7-1975 itself claim in regard to occupancy right over the same land had been decided in favour of Hutche Gcwda respondent-2 and as such there was no scope to pass another order in her favour.

( 2 ) IT is clear from the case of the petitioner herself that her application came to be filed five months after the claim of respondent-2 in regard to the very same land was settled by the order dated 18-7-1975 passed by the Tribunal, in Case No. LRF/495/1974-75.

( 3 ) THE learned Counsel for the petitioner urged that the application hied by the petitioner on 24-12-1975 was within the extended time and, therefore, she had a right to ask the Tribunal to settle her claim. I am unable to accept the reasoning put forward on behalf of the petitioner in view of the earlier part of S. 48-A (2) of the Act. That provides that on receipt of the application, the Tribunal shall publish or cause to be published a public notice in the village in which the land is situated calling upon the landlord and all other persons haying an interest in the land, to appear before it on the date specified in the notice. The land in question is survey No. 271/2 of Maddur. The petitioner is a resident of Maddur. Therefore, it is, clear that in the application filed by respondent-2 a public notice as per the above provision must have been issued. It is not even the contention of the petitioner in the writ petition that such public notice had not been issued. When that is so, the petitioner ought to have, in response to the said public notice, appeared before the Tribunal and put forth her claim. She has failed to do so. Merely because time for filing applications under S. 48a of the act came tc be extended, it cannot be said that claims already disposed of according to law, ought to be re-opened. Hence, the Tribunal is right in rejecting the application of the petitioner on the ground that the claim had already been settled in favour of respondent-2. The petitioner has no right to maintain another application when she herself failed to respond to the public notice, and did not evince interest in the land by appearing before the Tribunal.

( 4 ) IN view of the foregoing reasons, I see no substance in the writ petition and dismiss it. No order as to costs.

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