Vasant Bindu Desai v. Land Tribunal, Hubli
Case brief
What is this about?
Karnataka Land Reforms Act 1961; Section 15 resumption of leased land by returned soldier-landlord; Section 15(3)(1) one-year notice limit from date of retirement; Section 15(2), 15(4), 15(5), 15(6) procedure before Tahsildar; Section 44 automatic vesting of tenanted land in State Government; Section 118(2)(b) appeal to Assistant Commissioner; Form No.7 occupancy rights before Land Tribunal, Hubli; certificate of posting versus registered post notice (State of Maharashtra v. Kashid Babubhai Mulani, (2006) 1 SCC 47, referred by counsel); suppression of prior appeal and alternative remedy; certiorari under Articles 226 and 227; W.P.No.62855/2011 c/w W.P.No.61806/2012; Sy.No.253 Kurdekeri Village, Hubballi Taluk; High Court of Karnataka, Dharwad Bench; M.G. Uma, J.; both writ petitions dismissed.
What did the court decide?
Even taking the date of retirement of the soldier-landlord as 14.04.1967, notice under Section 15(3)(1) of the KLR Act had to be issued within one year, i.e., on or before 15.04.1968; the notice was in fact issued on 12.08.1968, much beyond the prescribed period, so there was prima facie no compliance with the legal requirements.