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1978 DIGILAW 15 (KAR)

SANNA BASAPPA v. BASAPPA SATHYAPPA

1978-01-13

M.RAMA JOIS

body1978
( 1 ) THESE two writ petitions are presented by the same person against two orders of the Land Tribunal, Badami Taluk dt. 23-11-1975 produced as Exts. A' and 'b' along with the writ petition. By the said orders the land Tribunal conferred occupancy rights in favour of the first respondent in each of these writ petitions in respect of 6 acres of land in Sy. No. 36 and 5 acres in Sy. No. 81 of Pattadakal village. ( 2 ) SRI U. L. Narayana Rao learned Counsel for the petitioners contended that the Tribunal had held no enquiry as contemplated under sec. 48a of the Karnataka Land Reforms Act read with Rule 17 of the karnataka Land Reforms Rules. He pointed out that the Land Tribunal has filled up the particulars furnished by the applicant in his Form No. 7 on printed forms and that constitutes the order of the Land Tribunal. ( 3 ) I have gone through the certified copies of Exts. 'a' and 'b'. The submission made by Sri U. L. Narayana Rao is fully justified. Except the filling up of the survey numbers, their extent, village in which the lands are situated and the name of the parties, in the printed form the rest of the order is stereotyped and printed. It is surprising that the Tribunal has got printed "ready made orders" for its use and has passed the, impugned orders by filling up those forms mechanically, without enquiry, without applying its mind in gross violation of the mandatory provisions of the land Reforms Act. ( 4 ) IT is unfortunate that the Land Tribunal which is invested with statutory power to decide the valuable rights of the parties should have passed orders in a callous manner without applying its mind and without holding an enquiry which cannot inspire confidence in the parties seeking justice from the Tribunal. In the circumstances, it is necessary to observe that the Tribunal should bear in mind the provisions of Sec. 48a of the Act and Rule 17 of the Karnataka Land Reforms Rules, which make it obligatory for the Tribunal to hold enquiry and give its finding after considering the evidence adduced by the parties in support of their respective claims. ( 5 ) FOR the reasons stated above, the rule is made absolute. The impugned orders of the Land Tribunal, Badami Taluk dt. ( 5 ) FOR the reasons stated above, the rule is made absolute. The impugned orders of the Land Tribunal, Badami Taluk dt. 23-11-1975 (Exts 'a' and 'b') are quashed. The cases are remanded to the Land Tribunal for fresh disposal in accordance with law. No costs. --- *** --- .