P. Subraya Bhat (since deceased by L. Rs. ) v. State of Karnataka
2006-01-27
V.JAGANNATHAN
body2006
DigiLaw.ai
ORDER 1. The petitioners seek quashing of the order dated 29-6-1981 vide Annexure-E, passed by the Land Tribunal, Udupi, mainly on the ground that the Land Tribunal, having granted an extent of 0.45 cents of land in S. No. 482/2 to the first petitioner by its order dated 12-2-1981, could not have granted the very same extent of land to R-3 herein and, therefore, the impugned order is liable to be set aside only to the said extent, on this score alone. 2. The learned counsel for the petitioners submitted that the Land Tribunal, by mistake, has granted the very same land, which has been granted to the petitioners on 12-2-1998, to R-3 on 29-6-1981 and, as such, the impugned order requires to be set aside only insofar as S. No. 482/2 measuring 0.45 cents is concerned. In the light of the submissions made to the above effect and there being no objections filed to the writ petition and further, the learned counsel for R-3(a) and R-3(b) also not being present to submit his view point in the matter, I am of the view that the impugned order has to be quashed only so far as grant of 0.45 cents of land in S. No. 482/2 to R-3 is concerned, when the very same Land Tribunal had earlier granted the said piece of land to the petitioner by its order dated 12-2-1981. 3. In the result, the petition is allowed and the impugned order at Annexure-E, insofar as grant of 0.45 cents of land in S. No. 482/2 to R-3 is concerned, is set aside and rest of the order at Annexure-E stands unaffected. 4. Petition allowed.