SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2005 Supreme(Kar) 315

V.GOPALA GOWDA
ANIL M. PUTHRAN – Appellant
Versus
LAND TRIBUNAL, PUTTUR, DAKSHINA KANNADA – Respondent


Advocates appeared
Sri Pundalika Eshwar Bhat, Advocate for Petitioners;
Smt. A.R. Sharadamba, High Court Government Pleader for Respondent-1;
Sri A. Krishna Bhat, Advocate for Respondent-2.

ORDER

Petitioners are the owners of 79 cents in Sy. No. 220/ICI of Narimogru Village in Puttur Taluk. They have filed this writ petition to quash the impugned order at Annexure-A, dated 29-1-1981 passed by the Land Tribunal granting occupancy rights in favour of the 2nd respondent in respect of the said land. It is their grievance that they were not made parties before the Land Tribunal in Form 7. It is further contended that land is not tenanted and did not vest in the State Government under Section 44 of the Karnataka Land Reforms Act, 1961. The finding of the Tribunal that the land is tenanted, is erroneous and contrary to law. It is also stated that grant of occupancy rights in favour of the 2nd respondent is contrary to the terms of grant of land in favour of the mother of the petitioners.

2. The 2nd respondent has filed a detailed statement of objections denying the petition averments and praying for dismissal of writ petition solely on the ground of delay and laches alone.

3. The writ petition is liable to be thrown out for more than one reason. Firstly, the impugned order is dated 29-1-1981 whereas the writ petition was filed in the year 2001, after a lapse of 20 years. Hen








Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top