33 years after petition was filed, Karnataka HC discovers it was filed by a dead person

The Karnataka High Court recently found that a writ petition filed 33 years ago was instituted in the name of a man who had already died 5 years before the filing [Mariappa Vs Land Tribunal]..Justice ES Indiresh said it was “rather strange” that the 1993 writ petition was filed in the name of C Mariyappa through his power of attorney holder, even though Mariyappa had died on August 8, 1988.The Court has now dismissed a connected petition filed by Mariyappa’s legal representatives and imposed costs of ₹10,000 on them, payable to the Karnataka State Legal Services Authority..The dispute concerned 4 acres and 21 guntas of land in Belavadi village of Srirangapatna taluk. In 1981, the Land Tribunal granted occupancy rights over the land to C Ningamma. That order was later challenged before the Karnataka High Court through a writ petition filed in Mariyappa’s name in 1993.In October 2001, the High Court allowed that petition and sent the dispute back to the Land Tribunal for fresh consideration. The Land Tribunal's verdict in the matter was later challenged by Mariayappa's legal heirs before the High Court. Before the High Court, these heirs argued that the Land Tribunal’s proceedings were conducted behind their back and that they were not given a fair opportunity of hearing before an order was passed in March 2023..However, the private respondents who were party to the land dispute (Ningappama's heirs) questioned how the 1993 writ petition in Mariyappa's name was filed in the first place. Mariyappa had died in 1988, years before the writ petition was even instituted in 1993, they told the High Court.The Court found force in this argument. “There is no satisfactory explanation forthcoming from the learned counsel appearing for the petitioners in this regard,” Justice Indiresh held..The Court proceeded to conclude that the 1993 writ petition could not have been validly instituted in the name of a deceased person. It also noted that Mariyappa’s death was not candidly disclosed even in later proceedings.An affidavit filed by Mariyappa’s daughter, Sumalamma, before the Land Tribunal merely stated that he had died “long ago” without specifying the date of death, the Court recorded.The Court said this showed that the legal representatives had continued the proceedings without making a full and candid disclosure of material facts.“Having approached this Court with unclean hands, the petitioners are not entitled to seek equitable relief under Article 226 of the Constitution of India,” the Court observed..The Court consequently held that its own 2001 order remanding the dispute to the Land Tribunal had no legal effect.As a result, the Land Tribunal’s original November 9, 1981, order granting occupancy rights to Ningamma stood revived and had attained finality, the Court held..Advocate KN Nitish appeared for the petitioners (Mariyappa's heirs).Additional Government Advocate Sharada HV represented the State and the Land Tribunal.Senior Advocate PP Hegde, instructed by Advocate Yathin B, appeared for the private respondents (Ningamma's heirs)..[Read Judgment]