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2005 Supreme(Kar) 682

K.RAMANNA
A. SUSHEELA – Appellant
Versus
1ST LAND TRIBUNAL, PUTIUR – Respondent


Advocates appeared
Sri R. Ganapathy Bhat, Advocate for Petitioner;
Smt. Asha Kumbargerimutt, Government Pleader for Respondents-1 and 2;
Sri S.S. Sripathy, Advocate for Respondents-3(a) to 3(1).

ORDER

This is a writ petition filed by the petitioners challenging the order dated 23-6-1981 passed by the 1st respondent i.e., Land Tribunal granting occupancy right in favour of respondent 3 in respect of the land in Sy. Nos. 116/2 measuring 23 cents, 116/1B-1C measuring 10 cents and 100/2 measuring 28 cents of Kemminje Village of Puttur Taluk, Dakshina Kannada on the ground that the impugned order is not a considered order and also not a speaking order. Even though deceased respondent 3 has filed Form 7 but not included the aforesaid three items of the land, the Tribunal conferred occupancy right in his favour even though respondent 3 never stated before the Tribunal that he is also in possession and enjoyment of the said land as a lawful tenant in respect of 3 items of the land immediately prior to 1-3-1974. But the petitioner contended that the Tribunal has not assigned any reasons in the impugned order under challenge at Annexure-A and failed to apply its judicious mind while confirming the occupancy right. Therefore, the impugned order under challenge is liable to be quashed since it is illegal, incorrect and unsustainable. But the delay in filing this writ petition has been
























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