Administrative orders must ensure all parties are given notice and a fair opportunity to be heard; otherwise, they may be deemed invalid.

ORDER :

(E.S. INDIRESH, J.)

In this writ petition, the petitioners are assailing the order dated 06.02.1976 (Annexure-L) passed by the respondent No.2-Land Tribunal, conferring occupancy rights in respect of private respondents.

2. Relevant facts for the adjudication of this writ petition are that, the original petitioners claims to be the owner of the land bearing Sy.No.77/1A, measuring 31 guntas, Sy.No.79/1A, measuring 01 acre, 09 guntas and Sy.No.55/1B, measuring 06 guntas situate at Byranahalli village, Nelamangala Taluk, Bangalore Rural District. It is the case of the petitioners that aforementioned properties are the ancestral properties of the original petitioner. It is stated that, the original propositus-Gavirangaiah, had three sons, namely, Puttarangaiah, Thimmaiah, and Doddaiah. Puttarangaiah had three children namely, Muniyappa, Gangappa and Chikkanna. Thimmaiah had no issues. Sri. Doddaiah had children namely, Gavirangaiah and Kempaiah. Genealogical Tree is produced at Annexure- A. It is further stated that the there was family partition in the joint family of sons of Gavirangaiah and as such, the schedule property had fallen to the share of Thimmaiah, son of Gavirangaiah. Thimmaiah and his wife Muniyamma were cultivating the land for their livelihood. The revenue records are effected in favour of Thimmaiah in respect of subject land as per Annexure- B to D. It is further stated that, Thimmaiah and his wife Muniyamma had executed Release Deed dated 10.08.1943 relinquishing their rights in favour of Puttarangaiah and Sri.Doddaiah. It is stated in the Release Deed that the wife of Thimmaiah-Muniyamma had life interest in respect of the properties in question. However, a rider has been made that, said Smt. Muniyamma has no right to alienate or create third party rights in respect of suit schedule properties. After the death of Thimmaiah, his wife Smt. Muniyamma sold the land in favour of one B.K. Gangabyrappa (husband of respondent No.3). The said sale made in favour of the husband of the respondent No.3, was questioned in OS No.300 of 1957 by the father of the petitioner before the court of the Munsiff Court at Doddaballapura. The said suit came to be decreed on 28.09.1959 declaring that Smt. Muniyamma is having limited interest in respect of subject land and she did not have right to sell the property in question. The judgment and decree in OS No.300 of 1957 is produced at Annexure-E. It is the case of the petitioners that, in view of declaration of law made by the competent Civil court, the respondent have no right, title or interest in respect of subject land and the family of the Puttarainahiah and Doddaiah were absolute owners of the property in question. It is further contended in the writ petition that, despite the husband of the respondent No.3 suffered the decree before the competent Civil court, the revenue entries were illegally made in favour of private respondents. No notice was issued to the father of the petitioners before effecting the revenue records as per Annexure-F. It is also stated that, the original petitioner came to know about the entries and RTC extracts and as such, filed suit in OS No.192 of 2014 before the Civil Judge, Junior Division Nelamangala, seeking relief of permanent injunction restraining the respondents 3 to 5 herein. Petitioner also filed RA No. 169 of 2014 before the Assistant Commissioner, Doddaballapura and obtained stay order. However, it is further stated in the writ petition that, Smt. Muniyamma and Gangabyraiah, colluded with each other and filed LRF.No. BYA-7/1975-76 and without the notice of the petitioner, the respondent No.2-Land Tribunal passed an order at Annexure-L, conferring occupancy rights in favour of B. K Gangabyraiah, (husband of the respondent