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N. S. SANJAY GOWDA
K. ravindranath Shetty – Appellant
Versus
State of Karnataka – Respondent
ORDER
1. An order by the Land Tribunal passed on 30.06.1981 is called in question. By the said order, the Tribunal has conferred occupancy rights in respect of 63 cents of land comprised in Sy.No.48/1B1 of Padavu Village in favour of the tenant-3rd respondent.
2. It is the contention of the petitioners that their father Sanjeeva Shetty has passed away on 05.05.1974 itself and despite the death of their father, the tenant had arrayed his deceased father as a respondent and therefore, the proceedings initiated against a dead person was essentially a nullity in the eye of law.
3. Learned counsel for the petitioners made a submission that the cause title of the Land Tribunal's order indicates that Sanjeeva Shetty, petitioners' father had passed away and Subbaiah Shetty was representing Sanjeeva Shetty. Learned counsel also submits that the petitioners were completely unaware of the said proceedings as no notices had been served on them.
4. Learned High Court Government Pleader produced the records which indicate that the notices sent by RPAD to Subbaiah Shetty has been received and a signature is also found the said acknowledgment. However, the signature does not indicate as to whether it
Non-impleading of all legal representatives of a deceased person renders the order of the Land Tribunal null and void.
The court holds that the admission of tenancy by the father of the petitioners establishes the right of the respondents to occupancy rights.
The main legal point established in the judgment is the significance of delay and latches in invoking the Writ jurisdiction, the participation of the petitioner's father in the tenancy proceedings, a....
An order passed by a quasi-judicial authority or tribunal against a deceased individual without the presence or involvement of their legal representatives is void for lack of jurisdiction.
Points of law : An abandonment of a technical plea of abatement and consequential dismissal of the appeal, is therefore a matter at the discretion of the legal representative of deceased respondent a....
The court emphasized that tenants must establish lawful possession to claim occupancy rights, and any purported surrender of tenancy must follow statutory procedures under the Karnataka Land Reforms ....
Administrative orders must ensure all parties are given notice and a fair opportunity to be heard; otherwise, they may be deemed invalid.
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