Karnataka High Court
Baburao Bhimarao Patil @ Desai vs The Land Tribunal, Belgaum on 30 October, 2012
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 30th DAY OF OCTOBER, 2012
BEFORE
THE HON'BLE MR.JUSTICE RAM MOHAN REDDY
WRIT PETITION NO. 68657/2011 (LR)
BETWEEN
BABURAO BHIMARAO PATIL @ DESAI
SINCE DECEASED BY HIS LRS,
1. SMT. VIJAYAMALA W/O. BABURAO PATIL @
DESAI, AGE: 64 YEARS, OCC: AGRICULTURE,
R/O. MUTAGA-591 211, TQ. & DIST: BELGAUM.
2. USHA W/O.L SAMBHAJI PATIL @ DESAI
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. KANADEWADI-416 231, TQ: GADHINGLAJ,
DIST: KOLHAPUR.
3. AJIT S/O. BABURAO PATIL @ DESAI
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O. MUTAGA-591 211, TQ. & DIST: BELGAUM.
4. PRAMOD S/O. BABURAO PATIL @ DESAI
AGE: 43 YEARS, OCC: AGRICULTURE,
R/O. MUTAGA-591 211, TQ. & DIST: BELGAUM.
5. SATISH S/O. BABURAO PATIL @ DESAI
AGE: 33 YEARS, OCC: AGRICULTURE,
R/O. MUTAGA-591 211, TQ. & DIST: BELGAUM.
6. BHAU S/O. BABURAO PATIL @ DESAI
AGE: 29 YEARS, OCC: AGRICULTURE,
R/O. MUTAGA-591 211, TQ. & DIST: BELGAUM.
2
7. SUREKHA W/O. RAMESH NIMBALKAR
AGE: 44 YEARS, OCC: HOUSEHOLD & AGRICULTURE,
R/O. KENAWADE-416 233, TQ: KAGAL,
DIST: KOLHAPUR. ... PETITIONERS
(BY SRI. RAVI S BALIKAI, ADVOCATE)
AND
1. THE LAND TRIBUNAL, BELGAUM
BY ITS CHAIRMAN, BELGAUM
DIST: BELGAUM.
2. THE STATE OF KARNATAKA
BY ITS SECRETARY TO
THE REVENUE DEPARTMENT,
M.S. BUILDING, BANGALORE-560 001.
3. GANAPATI DEVASTHAN TRUST, SANGLI,
BY ITS MANAGING TRUSTEE,
SHRI. GANAPATI TEMPLE PREMISES,
SANGLI-416 416, DIST: SANGLI (MAHARASHTRA).
4. IRAYYA SHIVAMURTHAYYA GANACHARI
AGE: 58 YEARS, OCC: RETIRED,
R/O. K.K. KOP-591 224,
TQ & DIST: BELGAUM.
5. SHANTADEVI W/O. VEERAYYA @ IRAYYA SARANGACHARI
AGE: 55 YEARS, OCC: SERVICE,
R/O. H.NO. 25, ALKA BUILDING,
RAGHAVENDRA COLONY, KHASBAG,
BELGAUM-590 006. ... RESPONDENTS
(BY SMT. K VIDYAVATHI, AGA FOR R.1 & R.2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER DATED:18/03/1976, PASSED BY THE RESPONDENT
NO.1, LAND TRIBUNAL, BELGAUM PRODUCED AS ANNEXURE-A
ONLY IN SO FAR AS IT RELATES TO SY.NO.235, 239, 243 AND
3
258 OF MUTAGA VILLAGE, TALUK AND DISTRICT BELGAUM
AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELEMINARY
HEARING, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
The order dt. 18.3.1976 of the Land Tribunal, Belgaum rejecting the application for grant of occupancy rights under Section 48-A of the Karnataka Land Reforms Act, 1961 filed by the petitioner's father is called in question in this petition filed on 19.12.2011.
In the absence of even a plausible explanation over the delay, petition suffers from delay and laches and is, accordingly rejected.
SD/-
JUDGE ln