The Karnataka High Court has dismissed a long-pending land dispute after finding that a writ petition filed in 1993 had been instituted in the name of a man who had died five years before the case was filed.
The Bench of Justice ES Indiresh noted the unusual nature of the case, calling it “rather strange” that the writ petition was submitted in the name of C Mariyappa through his power of attorney holder, even though Mariyappa had passed away on August 8, 1988.
The Court was hearing a petition filed by Mariyappa’s legal representatives in connection with a dispute over 4 acres and 21 guntas of land in Belavadi village, Srirangapatna taluk. It imposed costs of Rs 10,000 on the petitioners, directing that the amount be paid to the Karnataka State Legal Services Authority.
The dispute dates back to 1981, when the Land Tribunal granted occupancy rights over the land to C Ningamma. The order was subsequently challenged before the High Court through the 1993 writ petition filed in Mariyappa’s name.
In October 2001, the High Court allowed the petition and remanded the matter to the Land Tribunal for fresh consideration. The Tribunal subsequently passed an order in March 2023, which was challenged by Mariyappa’s legal heirs.
Before the High Court, the heirs claimed that the proceedings before the Land Tribunal had been conducted without their knowledge and that they had not been given a proper opportunity of hearing.
The heirs of Ningamma, however, questioned the very maintainability of the proceedings, pointing out that Mariyappa had died in 1988, years before the writ petition was instituted.
The High Court agreed with the objection, as Justice Indiresh pointed out that the attorney representing the petitioners could not provide a reasonable explanation. The Court held that a writ petition could not have been validly instituted in the name of a person who was already dead. It further noted that Mariyappa’s death had not been candidly disclosed during subsequent proceedings.
An affidavit filed by Mariyappa’s daughter, Sumalamma, before the Land Tribunal merely stated that he had died “long ago” without disclosing the actual date of death.
The Court noted that the legal representatives maintained the litigation without disclosing material facts, ruling that petitioners who approach the court with unclean hands forfeit their entitlement to seek discretionary, equitable relief under Article 226 of the Constitution of India. The Court consequently held that its 2001 order remanding the matter to the Land Tribunal could not have any legal effect.
As a result, the Land Tribunal’s original order dated November 9, 1981, granting occupancy rights to Ningamma stood revived and had attained finality, the Court held.
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