U.B.M.C. Trust Association of South Kanara and Coorg vs The State of Karnataka and Others

B.V. Nagarathna, J.—The order of the Land Tribunal at Mangalore dated 08.12.1978 in No. LRT: 1382/1977-78 is assailed in this Writ Petition. It is the case of the petitioner that the impugned order is passed in violation of the principles of natural justice. Briefly stated, the facts are that late Smt. Kamala Bai, the declarant had filed Form No. 7 in respect of land bearing Town Sy. No. 685, Mangalore Taluk, D.K. District, measuring 22 cents against respondent No. 3. In fact the petitioner who was the landlord/owner of the said property. The Tribunal has not considered this aspect of the matter and has granted occupancy rights to the declarant Smt. Kamala Bai, the predecessor in title of respondents 4-13 erroneously and in violation of principles of natural justice. As the petitioner was not a party to these proceedings, it did not have the knowledge of any impugned order. Therefore, the delay in filing the Writ Petition has to be condoned.

Learned Counsel for petitioner has reiterated what has been stated in the Writ Petition and has also referred to Form No. 7 which is at Annexure-C by pointing that the name of respondent No. 3 has been wrongly stated there and whereas the petitioner''s name has to be stated by Kamala Bai. The reference has also been made to the order dated 1.2.1994 passed in W.P. No. 5006/1989 wherein the members of the petitioner''s association had assailed the order dated 17.9.1981 passed by the Land Tribunal and the Division Bench of this Court had quashed that order by holding that there was no delay in making the same. He therefore contended that this is a fit case despite the delay for this Court to intervene in the matter.

Per contra, learned Government Pleader appearing for respondents 1 and 2 on advance notice has supported the impugned order and has stated that there is exorbitant delay in filing the Writ Petition and there is no sufficient cause to condone the delay. Having heard the learned Counsel for the parties and on perusal of the material on record, it is noticed that late Kamala Bai had filed Form No. 7 in respect of the aforesaid land as against the Church of South India, Trust Association, Mangalore and Basel Mission Church, the latter being the petitioner herein. The matter has been considered by the Land Tribunal and it was also noted that the Church of South India Trust Association has contested the matter which also is on behalf of the petitioner herein. Thereafter, the Land Tribunal has granted occupancy rights of the aforesaid land to Smt. Kamala Bai, the declarant. That order is passed on 08.12.1978. The impugned order which was passed 35 years ago is challenged at this point of time. When the declarant had filed the Form No. 7 as against respondent No. 3 claiming to be the tenant of that respondent, the lis is between the declarant and respondent No. 3. That apart the impugned order is 35 years old. The rights of the parties have been settled since then. At this belated point of time, I find no good reason to interfere in the impugned order. The Writ Petition is dismissed on the principles of delay and laches.