The Lord Bishop Rep By Its Manager And Gpa ... vs The Land Tribunal Bantwal Dk on 8 June, 2012

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Karnataka High Court

The Lord Bishop Rep By Its Manager And Gpa ... vs The Land Tribunal Bantwal Dk on 8 June, 2012

Bench: Huluvadi G Ramesh

                                                          1

    IN THE HIGH COURT OF KARNATAKA AT BANGALORE

                  Dated this the 8th day of June, 2012

                                  Before

       THE HON'BLE MR JUSTICE HULUVADI G RAMESH

                   Writ Petition 1762 / 2005 (LR)
Between:
1      The Lord Bishop - by its Manager
       & GPA Holder - Rev.Fr.Peter Francis Fernandes
       Diocesan Estate Office, Bishop's House
       Kodialbail, Mangalore

2      Sri Melvin D'Souza, 50 yrs
       S/o late Stany D'Souza
       R/o Payyabail House
       Mangalore Taluk - by GPA Holder
       Mr Ancy D'Souza                             Petitioner

(By Sri Pundikari Isharwa Bhat, Adv.)

And:

1      Land Tribunal, Bantwal
       DK

2      Sri Jerome Rebello - since dead by Lrs

a      Smt Carmine Rebello
       D/o late Jerome Rebellow
       R/o Mogarnad, Bantwal Tq, D K
                                                      2

b     Smt Evphrosina Rebello

c     Sylvia Rebello

d     Roshan Rebello

      No.2 is the widow, c & d are the
      children of late Santhan Rebello
      R/o Ujire, Belthangady Taluk, DK

e     Smt Lilly Rebello

f     Loyal Gladson Rebello

g     Kum. Keran Dezny Rebello
      (e) is the widow and f & G are the
      children of late Anthony Rebello
      R/o Neermarga Village
      Mangalore Taluk, D K

h     Joseph Rebello S/o late Jerome Rebello
      R/o Ujire, Belthangady, D K

I     Rev.Sr.Theresa Rebello
      D/o late Jerome Rebello
      Nun in Holy Spirit Convent
      Bannerghatta, Bangalore

j     Sri Gregory Rebello
      S/o late Jerome Rebello
      R/o Mumbai                               Respondents

(By Sri Shashidhar S Karmadi, GP for R1;
Sri Lakshminarayan, Adv. For R2E to G)
                                                              3

      Writ Petition is filed under Art.226/227 of the Constitution praying
to quash the order dated 21.10.1978 - annexure A by the Land Tribunal,
Mangalore.

      The Petition    coming on for hearing      this day, Court made the
following:
                                 ORDER

Petitioners have sought for quashing the order of the Land Tribunal on 21.10.1979 - annexure A. According to the petitioner, they being the landlord, although had given consent for grant of occupancy rights in respect of the property mentioned in Form 7 filed by the original tenant, but the Tribunal by oversight, has granted property in Sy.No.64/4 to an extent of 1.15 acres of Arkula Village and an extent of 1.48 acres in Sy.No.1-1A of Adyar Village which needs interference at the hands of this Court.

Heard the counsel representing the parties. It appears, the order of the Land Tribunal granting these two survey numbers is without any basis. In the circumstances, the order to the extent 4 of granting these lands in favour of the respondent tenant/his legal representatives, is quashed Petition is allowed.

Sd/-

Judge An

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