NASIRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are knocking at the doors of Writ Court for assailing the Land Tribunal order dtd. 30/1/1982, a copy whereof avails at Annexure-K whereby the occupancy rights have been accorded to the private Respondents herein in respect of subject land.

(2.) Learned counsel for the Petitioners vehemently argues that the application in Form-7 was filed under Sec. 48(A) of the Karnataka Land Reforms Act, 1961, against the deceased landlady who happened to be the mother of Petitioners and therefore, an order made against a dead person being a nullity, the question of limitation or latches does not arise. He also submits that a declaration suit is filed against the private Respondents in the Civil Court in respect of said land and the same is pending. Immediately after coming to know of the impugned order, Petitioners have approached this Court, contends the counsel.

(3.) Learned AGA on request having accepted notice for Respondents 1 & 2, notice to others having been dispensed with, opposes the petition by making submission in justification of the impugned order and the reasons on which it has been constructed. He banks upon the decision in Santhosh V Rai vs. Legory Saldhana 2015 (1) Kar L.J. 429 contending that a belated challenge to the orders of the kind will not be entertained by the Writ Court in the absence of a plausible explanation for the long delay of more than 40 years. So contending, he seeks dismissal of the writ petition.