IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 BEFORE THE HON'BLE MR. JUSTICE S.N. SATYANARAYANA WRIT PETITION NO.5203/2019 (LR) BETWEEN:
MRS. SEVERINE D’SA, W/O LATE STANY D’SA, AGED ABOUT 57 YEARS, R/AT MARIYA KRIPA, NEAR INDARUGIRI, BELMAN VILLAGE, KARKALA TALUK, UDUPI DIST-576111. ... PETITIONER (BY SRI PRASANNA V. R., ADVOCATE) AND:
THE LAND TRIBUNAL, UDUPI TALUK, UDUPI-576101.
REP. BY ITS CHAIRMAN. ... RESPONDENT (BY SRI S. T. NAIK, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT LAND TRIBUNAL TO CONSIDER THE APPLICATION DATED 14.6.2018 FILED BY HER VIDE ANNEXURE-A AND PASS APPROPRIATE ORDER IN ACCORDANCE WITH LAW.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This writ petition is filed by a person claiming herself to be the wife of original tenant’s grandson in proceedings No.LRY 89-140-TRI-632/1980-81. According to the petitioner, her husband late Stany D’ Sa’s grandfather Sri Santana D’ Sa was tenant in respect of several items of land situated in Belle Village, Udupi Taluk of Dakshina Kannada District. After amendment to the Karnataka Land Reforms Act, 1961 in the year 1973, an application in Form No.7 was filed by the said Santana D’ Sa on 24.8.1974 seeking occupancy right in respect of 7 items of land, in which for 3 survey numbers there are further sub-division. Admittedly, the said application was not opposed by the landlord Smt. Puttamma Shedthi and Smt. Seethamma Shedthi.
2. The said proceedings concluded in granting occupancy right in respect of 8 items of land as seen in the order dated 21.8.1981 passed in proceedings No.LRY 89- 140-TRI-632/1980-81 vide Annexure-F issued by III Land Tribunal, Udupi (Kapu). The said grant was not challenged either by Santana D’ Sa or another applicant along with him Inas D’ Sa. They accepted the same. However, subsequently in the year 2018, the petitioner herein, who is claiming herself to be the widow of applicant’s grandson in the said proceedings has filed an application before the Land Tribunal under Section 48-A(6) of the Karnataka Land Reforms Act, 1961 seeking inclusion of two more survey numbers i.e, Survey No.216/9B measuring 27 cents and Survey No.152/27 measuring 81 cents of Belle Village, Udupi Taluk, on the ground that the said items are left out from the order passed at Annexure-F and the same is required to be included as the exclusion of said numbers is by typographical error. The said application though filed on 14.6.2018 is said to be not taken up for consideration. Hence, this writ petition is filed seeking direction to the Land Tribunal.
3. Heard the learned counsel for the petitioner as well as contesting respondent – High Court Government Pleader.
4. On going through the material available on record, it is clearly seen that what is sought in the application, which is at Annexure-A is seeking amendment to Form No.7 filed by the petitioner’s husband’s grandfather in the year 1974. Admittedly, the applicant during his lifetime secured the order of issuance of occupancy right on 21.8.1981 and thereafter he was in possession and enjoyment of the land in respect of which occupancy right was given to him. He never raised any objection regarding non grant of these 2 lands. It is long after his death the present application is filed by he petitioner without having any manner of right, title or interest in the said land or right to file such an application.
(a) Firstly, the provision of amending the application in Form No.7 in trying to include additional survey numbers to the application in Form No.7 is not permissible and it is well settled.
(b) Secondly, the said amendment is not sought by the original applicant though he was alive when the application filed by him in Form No.7 was decided and occupancy right was granted in his favour in the year 1981.
(c) Thirdly, this application is filed belatedly after 37 years without assigning any reason for inordinate delay, except contending that name of Santana D’ Sa was found in the register showing him as the person in possession of the said property.
5. In that view of the matter, this Court finds that no justifiable grounds are made out to issue any kind of direction to Land Tribunal to consider the application of the petitioner to include the aforesaid 2 survey numbers in Form No.7 which was filed by her husband’s grandfather in the year 1974, which is already disposed of. Hence, the present writ petition is dismissed.
6. A copy of this order is directed to be sent to the Land Tribunal, Udupi to be placed in the disposed of file to ensure that there is no further attempt to pursue this matter by the petitioner and/or any other persons inspite of the prayer of the petitioner being rejected in this petition.
Learned High Court Government Pleader is directed to file memo of appearance within two weeks.
Sd/- JUDGE MD