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1976 DIGILAW 216 (KAR)

GULABCHAND v. LAND TRIBUNAL BHALKI

1976-12-10

BHEMIAH

body1976
( 1 ) IN this writ petition, the only grievance of the petitioner is that one sri Manikrao Janapurkar, a, member of the Land Tribunal, Bhalki who had bias against the petitioner had participated in the proceedings for determination as to who was the tenant in Sy. No. 10 measuring 7 acres 10 guntas of Ganeshpur village in Bhalki taluk. ( 2 ) THE submission made by Sri Gunjai, learned advocate for the petitioner is that Sri Manikrao Janapurkar is a practising advocate at Bhalki and that he had appeared on behalf of the father of respondent- 2 in OS. No. 80 of 1959-60 on the file of the Munsiff, Bhalki, in respect of the same land. ( 3 ) THE petitioner has produced Ext. 'c' a vakalath accepted and filed by Sri Manikrao Janapurkar. The petitioner, has stated in the course of his petition that he brought to the notice of the Tribunal the fact that Sri manikrao Janapurkar had appeared for the father of the tenant in the civil proceedings and. objected to the participation of Sri Manikrao Janapurkar in the proceedings before the Tribunal In spite of the objection, Sri manikrao Janapurkar. did participate in the proceedings and the rights of occupancy have been registered in the name of respondent-2. ( 4 ) THE Land Tribunal is a quasi Judicial body which. is constituted to decide disputes relating to tenancy under the Land -Reforms Act. It should act fairly and impartially without bias. The Supreme. Court in Dr. G. Sarana v. University of Lucknow others ( AIR 1976 SC 2428 ) while dealing with the applicability of the principles of natural justice to the domestic enquiries or administrative proceedings, has observed in par. 10 of the judgment thus :"it would be advantageous at this stage to refer to the following observations made by this court in Manik Lal v. Prem Chand, 1957 scr 575 - AIR 1957 SC 425 : -. -.- "every member of a tribunal that site to try issues in judicial or quasi-judicial proceedings must, be able to act judicially; and the essence of judicial decisions and judicial administration is that judges should be able to act impartially objectively and without any bias. -.- "every member of a tribunal that site to try issues in judicial or quasi-judicial proceedings must, be able to act judicially; and the essence of judicial decisions and judicial administration is that judges should be able to act impartially objectively and without any bias. In such cases the test is not whether in fact a bias has affected the judgment, the test always is and must be whether a litigant could reasonably apprehend that a bias attributable to s member of the tribune might have operated against him in the final decision of the tribunal. It is in this sense that it is often said that justice must not only be done but must also appear to be done. . . . . . " ( 5 ) IN this case petitioner has reasonably apprehended that a bias attributable to Sri Manikrao. Janapurkar, a member of the Tribunal might have operated against him in the final decision of the Tribunal. When the petitioner brought to the notice of the Tribunal about the fact that Sri manikrao Janapurkar had appeared for father of respondent-2 in the civil proceedings in respect of the same land and attributed bias, the member ought to have voluntarily refrained from participating in the proceeding or the Chairman should have asked him not to participate in the proceedings. None of it was done. Thus, there is failure of the principles of natural justice. ( 6 ) THEREFORE, the impugned order is set aside and the matter is remanded to the Land Tribunal, Bhalki, for fresh disposal in accordance with law after giving parties opportunity to produce evidence and of being heard. Further, the Chairman of the Tribunal is directed not to allow Sri manikrao Janapurkar to participate in the proceedings in respect of this case to inspire in the mind of the petitioner the sense that justice must not only be done but must also appear to be done, ( 7 ) THE writ petition is allowed. No costs. --- *** --- .