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Judgment
Ajit J. Gunjal
The petitioner claims that she is the owner and in possession of a non-agricultural punja land in Sy. No. 91/1, measuring 70 cents and 90 cents, situated at Kavoor Grama, Mangalore Taluk, Dakshina Kannada District. It is the case of the petitioner that she acquired right, title and interest over the property as absolute owner pursuant to a partition deed dated 14.7.61. The said partition was effected among the petitioner and her family members.
Suffice it to note that the respondents made an application for occupancy rights and the said occupancy rights have been granted in favour of the respondents pursuant to an order dated 21.8.1978, which is marked at Annexure-P. Apparently, the order, which is passed 35 years back is sought to be assailed in this writ petition. Indeed, if the petitioner had any right pursuant to a partition she would have certainly agitated her rights much earlier and not after lapse of 85 years. I am of the view that it is rather too late in a day to re-open the issue and relegate the parties to the pre 1978 period. Having said so, I am of the view that there is no merit in this writ petition.
Petition stands rejected.
Mr. R. Kumar, learned High Court Government Pleader is permitted to file memo of appearance in the Registry within four weeks.