Smt. Zaibunnisa vs State of Karnataka, The Land Tribunal and Nisar Ahmed

Huluvadi G. Ramesh, J.—Petitioner has sought for quashing the order dated 11.1.1982 passed by the 2nd respondent-Land Tribunal in granting occupancy rights in favour of the 3rd respondent as per Annexure-H and for such other order. Learned counsel for the petitioner submits that the land in Sy. No. 52/2 measuring 1 acre 3 guntas was mortgaged in favour of the husband of the petitioner by the original land owner Sri Abbas Khan. During the year 1976, the said land was purchased by the petitioner from the said original land owner. Subsequently, the 3rd respondent filed Form No. 7 claiming occupancy rights in respect of Sy. No. 52/2 impleading one Jabbar Khan as the owner of the land. The said Jabbar Khan is in no way connected to the land in question and he has no right, title and interest over the property in question. Such being the case, the land Tribunal without issuing notice and without hearing the petitioner, has passed the impugned order granting occupancy rights in favour of the 3rd respondent. Being aggrieved by the same, the petitioner has filed this writ petition.

Heard the learned counsel for the petitioner, the learned Addl. Government Advocate for respondents 1 & 2 and the learned counsel for respondent No. 3.

Learned counsel for respondent No. 3 submits that notice has been issued to the petitioner. Even after issuance of notice, petitioner did not turn up. The notice-Annexure-R7 is produced before court. The said notice dated 25.7.1981 at Annexure-R7 is signed by the Secretary of the Land Tribunal, Tumkur, granting 30 days time from the date of publication of the notice for interested persons to appear before the land Tribunal as Sri Nisar Ahmed has made an application claiming occupancy rights. Further it is stated that the land Tribunal has passed order after issuing public notice. Belatedly, after 30 years, now the petitioner is before this Court and accordingly, sought for dismissal of the petition. The notice dated 25.7.1981-Annexure-R7 was signed by the Secretary of the Land Tribunal, Tumkur, which depicts the fact that public notice has been issued to interested parties to appear before the land Tribunal within 30 days from the date of publication of the said notice. At this belated point of time, now the learned counsel for the petitioner insists this court to secure records. Though, public notice was issued, there is nothing on record to show that the petitioner had appeared before the land Tribunal expressing his grievance. Such being the case, the contention of the petitioner that no notice is issued cannot be accepted. After lapse of 30 years, the petitioner has raised objections relating to various illegalities, which is also rejected at this point of time.

Writ petition is dismissed accordingly.