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2020 Supreme(Online)(KAR) 156

HIGH COURT OF KARNATAKA
S.G. Pandit, J
Smt. Mumtazbi Ibrahim Makandar, Nooruddin Ibrahim Makandar, Smt. Ayesha Allauddin Makandar, Smt. Wahida, Yunus Ibrahim Makandar, Zahira Kutubuddin Chachadi – Appellant
Versus
The State of Karnataka, The Chairman, Land Tribunal, Hukeri, Dastagirsab Fakrusaheb Sipai – Respondent


Advocates:
For the Appellants/Petitioners: B.S.Kamate
For the Respondents: Praveen K.Uppar, Mrutyunjay Tata Bangi

Table of Content
1. the validity of occupancy rights must adhere to procedural laws. (Para 1 , 4)
2. the order of a land tribunal requires the legal heirs to be part of the proceedings. (Para 2 , 6)
3. lack of proper notice to legal representatives invalidates tribunal decisions. (Para 3 , 5)
4. the outcome signifies the necessity for all relevant parties to participate. (Para 7)

ORDER

The petitioners are before this Court under Article 226 of the Constitution of India assailing the order bearing No.TNC/SR/4705+4736+4904+4953+5013 dated 01.06.2006 passed by the Land Tribunal Hukeri, the 2nd respondent herein, by which the occupancy rights in respect of the lands in question has been granted to respondents/claimants No.3 to 6.

2. Brief facts of the case are that the petitioners’ grandfather Gous Mohiddin Sultansab Makandar was the owner in possession having purchased the land in question under the sale deed dated 28.04.1943. The said Gousmohiddin died on 08.09.1988 and his son Ibrahim also died on 20.01.2004, leaving behind petitioners as his legal representatives. The respondents No.3, 4, 5 and 6 filed Form No.7 in respect of lands in Sy. Nos.41/1, 41/5 and 41/9. The Land Tribunal, at t

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