JUDGMENT 1. Heard the learned counsel representing the parties. 2. The petitioner has questioned the order vide Annexure-‘C’ dated 10.6.1981 passed by the Land Tribunal, Udupi. According to the petitioner, he is the owner of the land bearing Survey No.4.1A, measuring 0.59 cents, which is a punja land and also in Survey No.7-15D, measuring 0.39 centra in Shivalli village, Udupi Taluk. Originally, the land belongs to one Rangappa Nayak, by whom the petitioner purchased the lands through a registered Sale Deed dated 15.3.1979. The 3rd respondent viz., Kogga Naik filed Form No.7 claiming occupancy rights in respect of Survey No.329/3, measuring 78 cents, by showing the name of the vendor of the petitioner i.e., Rangappa Nayak as owner of the land. The Land Tribunal granted occupancy rights to the 3rd respondent. When petitioner came to know about issuance of Form No.10 in favour of 3rd respondent, he filed the present petition. 3. The learned counsel for the contesting respondents submit that the land claimed by the predecessor of the respondents was not included in the Sale Deed executed in favour of petitioner and as such, he was not made as a party before the Land Tribunal. Further, the sale Deed is dated 15.3.1979, the land vests with the government as on 1.3.1974 and the Land Tribunal has granted occupancy rights in favour of the applicant only after spot inspection and as such, there is no error or illegality in the order passed by the Land Tribunal. 4. The learned counsel appearing for the petitioner submits that Survey No.4/1A is a punja land and as such question of land vesting with the government does not arise and the said property is situated adjacent to the house of the petitioner and the petitioner came to know about the grant of Survey No.4/1A only when Form No.10 was issued . He further submits that, as there is no claim made by the supplicant in respect of Survey No.4/1A the order of the Land Tribunal in that regard is illegal as the same is a punja land. 5. It appears, the question of vesting of the land with the government if it is a puja land does not arise. There is no claim made by the contesting respondent in Form No.7. But, the fact remains that as per the claim made by the applicant in Form No.7. 5. It appears, the question of vesting of the land with the government if it is a puja land does not arise. There is no claim made by the contesting respondent in Form No.7. But, the fact remains that as per the claim made by the applicant in Form No.7. after enquiry, the land to an extent of 43 cents in Survey No.329/3 has been granted. When the applicant has not claimed the land bearing Survey No.4/1A to an extent of 22 cents in Form No.7. granting of the said land does not arise at all. Further, as the said land is a punja land, the same cannot be vested with the government. Further, there is some delay in approaching the Court by the petitioner because after issuance of Form No.10, he came to know that contesting respondent has been granted 22 cents in Survey No.4./1A. In the view of the matter, the order vide Annexure-C dated 20.6.1981 by the Land Tribunal, Udupi, in so far as it relates to granting occupancy rights in favour of contesting respondent to an extent of 22 cents in Survey No.4/1A of Shivalli villege, Udupi Taluk, is set aside. It is for the revenue authorities concerned to make available to an extent of 22 cents in Survey No.4/1A to the landlord. Ordered accordingly. Writ petition is allowed.