Karnataka High Court
U B M C Trust Association vs The State Of Karnataka on 3 December, 2013
Author: B.V.Nagarathna
Bench: B.V.Nagarathna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 3RD DAY OF DECEMBER, 2013
BEFORE
THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
WRIT PETITION NO.51557 OF 2013 (LR-SEC 48-A)
BETWEEN:
U B M C TRUST ASSOCIATION
OF SOUTH KANARA & COORG
REP BY ITS CHAIRMAN
MR RONALD M KARKADA
S/O LATE ROBERT KARKADA
ADMINISTRATIVE OFFICE
UBMC JUBILEE COMPLEX
MISSION COMPOUND
UDUPI 576 101
... PETITIONER
(BY SRI.PRASANNA V R, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY
VIDHANA SOUDHA
BANGALORE 560 001
2. THE LAND TRIBUNAL
REP BY ITS CHAIRMAN
MANGALORE TALUK
DK DISTRICT 575001
3. THE CHURCH OF SOUTH INDIA
2
TRUST ASSOCIATION
REP BY ITS PROPERTY MANAGER
PROPERTY DEPARTMENT
BASEL MISSION CHURCH
BALMATTA, MANGALORE 575 001
DK DISTRICT
4. MR JAYANTHA BOLAR
AGED ABOUT 88 YEARS
S/O LATE KAMALA BAI
5. MRS AMITHA SADASHIVA SUVARNA
AGED ABOUT 85 YEARS
D/O LATE KAMALA BAI
6. MR SUMANTH BOLAR
AGED ABOUT 82 YEARS
S/O LATE KAMALA BAI
7. MR AJANTHA BOLAR
AGED ABOUT 77 YEARS
S/O LATE KAMALA BAI
8. MRS USHA HARISHCHANDRA
AGED ABOUT 71 YEARS
D/O LATE KAMALA BAI
9. MRS KISHORI
AGED ABOUT 61 YEARS
W/O LATE BASANTH BOLAR
10. MR ROMIT BOLAR
AGED ABOUT 31 YEARS
S/O LATE BASANTH BOLAR
11. MR HAMIT BOLAR @ BOLAR HAMIT BASANTH
AGED ABOUT 27 YEARS
S/O LATE BASANTH BOLAR
12. MR JAYARAM BANGERA
3
AGED ABOUT 79 YEARS
S/O MR VENKATESH
13. MRS SUSHMA
AGED ABOUT 27 YEARS
D/O MR JAYARAM BANGERA AND GEETHA BANGERA
RESPONDENTS 4 TO 13 ARE ALL
THE SUCCESSORS OF SMT KAMALA BAI
ALL ARE R/AT MANGALORE THOTA VILLAGE
MANGALORE TALUK
MANGALORE 575 001
DK DISTRICT
14. MR MOHAMMAD SALEEM
S/O MOHAMMED HUSSAIN
AGED ABOUT 56 YEARS
15. MRS BALKEESH BANU
W/O MR MOHAMMED SALEEM
AGED ABOUT 42 YEARS
RESPONDENTS 14 & 15 ARE
R/AT 501, PRESIDENCY AVENUE
ARYA SAMAJ ROAD
BALMATTA, MANGALORE
DK DISTRICT 575 001.
... RESPONDENTS
(SMT.M.S.PRATHIMA, HCGP FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER DTD.8.12.1978 PASSED BY THE R2
LAND TRIBUNAL, CONFERRING OCCUPANCY RIGHTS ON
THE LAND MEASURING 22 CENTS IN T.S.NO.685 OF
MANGALORE TALUK, D.K.DISTRICT, IN FAVOUR OF THE
PREDECESSOR OF R4 TO R13 LATE MRS.KAMALA BAI,
TRUE COPY VIDE ANNEX-A AND ETC.
4
THIS PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The order of the Land Tribunal at Mangalore dated 08.12.1978 in No.LRT:1382/1977-78 is assailed in this Writ Petition.
2. 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 5 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.
3. 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 6 is a fit case despite the delay for this Court to intervene in the matter.
4. 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.
5. 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 7 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.
Sd/-
JUDGE Prs*