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Karnataka High Court · body

1978 DIGILAW 253 (KAR)

CHANNIAH v. RAMIAH

1978-11-28

VENKATACHALAIAH

body1978
( 1 ) IN these two writ petitions, the order of the Land Tribunal, Ramananagaram taluk, made on 16-12-1975 in L. R. F. Case No. 716/74-75 is under challenge. ( 2 ) ON the basis of an application made by respondent-1 under Section 48-A (1) of the, Karnataka Land, Reforms Act, 1961, to be referred to as the act, the Land Tribunal, Ramanagaram Taluk (respondent-5) having held an enquiry has made the oder which is impugned in this writ petition. The said order reads thus:"case called. Applicant present. Respondent Sriram Setty present. He states that the land belongs to him. He agrees that the applicant is the tenant-cultivator of S. No. 239 of Bilagumba. Hence the Tribunal decides that the applicant is the tenant cultivating S. No. 239 of bilagumba and he should be registered as a occupant subject to the ceiling limit. ' ( 3 ) THE petitioners in these writ petitions have challenged the order of the land Tribunal mainly on the ground that they were the persons who were interested in the land concerned in the case before the Land Tribunal, both as owners in respect of half portion of it and as tenants in respect of the remaining half portion. It is further their case that the applications which they had made before the Land Tribunal for registering them as occupants in respect of the half portion of the said land, though made subsequent to the date of disposal of the case by the Land Tribunal, are still pending consideration by the Land Tribunal. As has been already stated, the attack against the impugned order is that since the notices as required under law are not served and not notified, the order made by the Tribunal has to be treated as one made without hearing the parties who are likely to be affected adversely on account of the order and as such, the order has to be set aside as one which is made in contravention of the provisions of the law. Having regard to the ground of attack levelled against the impugned order, the paint that arises for considration is as to whether the order in question has to be construed as an order which is made without complying with the requirements of law as regards the service of notices to the parties interested in the land concerned in the case. Having regard to the ground of attack levelled against the impugned order, the paint that arises for considration is as to whether the order in question has to be construed as an order which is made without complying with the requirements of law as regards the service of notices to the parties interested in the land concerned in the case. ( 4 ) THE relevant provisions which require reference in deciding the point which arises for consideration in this writ petition are sub-sections (2) and (3) of Section 48-A of the Act and Rule 19 of the Rules made under the act. They read thus : (2) On receipt of the application, the Tribunal shall publish or cause to be published a public notice in the village in which the land is situated calling upon the landlord and all other persons having an interest in the land to appear before it on the date specified in the notice. The Tribunal shall also issue individual notices to the persons mentioned in the application and also to such others as may appear it to be interested in the land. (3) The form of application, the iorm of the notices, the manner of publishing or serving the notices and, all other matters connect therewith shall be such as may be prescribed. Rule 19 - Form of application arid notices:-" (1) The application under sub-section (1) of Section 48-A shall be in Form 7. The application shall furnish particulars of all the lands held, under each separate tenancy in one or more than one Taluk in respect of which the applicant claims to be entitled to be registered as an occupant. Where the lands are situated in more than one Taluk, the application shall be filed before the Tribunal of the Taluk where the greater part of the lands are situated. On receipt of the application, the Tahsildar shall send extracts of the application to the Tribunals concerned. So far as the lands in his Taluk are concerned, the tahsildar shall verify the particulars mentioned in the application with reference to the revenue records including thq Record of Rights whereever they are prepared and also note the same on the application. On receipt of the application, the Tahsildar shall send extracts of the application to the Tribunals concerned. So far as the lands in his Taluk are concerned, the tahsildar shall verify the particulars mentioned in the application with reference to the revenue records including thq Record of Rights whereever they are prepared and also note the same on the application. The public notice and the individual notice referred to in sub-section (2) of the said section shall be in Form 8 and Form 9 respectively (2) Such notice in addition to being served in the manner laid down in rule 42 shall also be published in the chavadi of the village concerned and in the offices of the village panchayat and the Tahsildar for a period of not less than thirty days. " ( 5 ) WHAT emerges from a readiag of the said provisions of law is that the tribunal is under an obligation not merely to issue notices to persons mentioned in the application filed under Section 48-A (1), but also to publish or cause to be published public notices in the village concerned and other places so as to afford an opportunity to persons who may claim to be interested in the land, to make representation before the Land Tribunal. ( 6 ) FURTHER, it is laid down under the said provisions that the notices which are to be so issued must not merely be in the Forms prescribed under the Rules, but the notices so prescribed must be served and published in the manner provided therein. Coming to the public notice, it is provided that such notice shall be published in the Chavadi of the village concerned, in the offices of the Village Panchayat and the Tahsildar, and such notice must give a period of not less than 30 days' time to the interested parties to appear before the Tribunal and make representation. The requirements of publishing public notice and service of notice to individuals provided under the provisions of the Act and the Rules made thereunder are to be necessarily considered as mandatory provisions since the provision contained in sub-section (8) of Section 48-A of the Act has the effect of depriving person of his right to be registered as an occupant, if no application is made within the time allowed! under Section 48-A (1) of the Act. under Section 48-A (1) of the Act. In the said view of the matter, what is to be seen is whether in a given case, the mandatory provisions regarding service and publication of notices have been complied with with a view to told that the order made by the Tribunal is unassailable. If the mandatory requirements are complied with regard to service of notice and publication of public notice then, it has to be necessarily held that the order made by the Tribunal has become final, even though the persons complaining against the order did not choose to appear before the tribunal and make their representations. ( 7 ) WITH a view to find out whether in the instant cases, the notices are served and published as required under the aforesaid mandatory provisions of law, the records of the Tribunal pertaining to the case were got. As the learned counsel for the petitioners contended that service of notices in the case and their publication were not made by the Tribunal as required under law, I called upon Sri Mallegowda learned counsel appearing for the contesting respondent in these cases to show, with reference to the records of the Tribunal as to whether there was compliance on the part of the Tribunal in the matter of issue of notices and their publication as required under law. On examination of the copy of the public notice available in the record and also on examination of the order-sheet maintained by the Land Tribunal, the learned, counsel for the contesting respondent was fair enough to agree that the public notices were not published in the manner required under the provisions of the Act and the Rule made thereunder, and in particular, that there was nothing to indicate from the copy of the notice, that the public notices was published in the Chavadi of the village and in the offices of the Village Panchayat and the Tahsildar of the Taluk, and further, that there was 30 days' time available for a party who was likely to be affected on. account of the proceeding to make representation before the tribunal after the date of publication of the notice in the said places. account of the proceeding to make representation before the tribunal after the date of publication of the notice in the said places. Again, there was nothing in the order-sheet in the file; of the Land Tribunal to show that before proceeding with the enquiry the Land Tribunal was satisfied that the notices were served or published as required under ]aw. I am therefore of the opinion that non-service and, non-publication of the notices in the manner prescribed under the aforesaid provisions, have resulted in injury to the petitioners and there is substantial failure of justice on that account. ( 8 ) FOR the foregoing reasons, the order of the Land Tribunal which is impugned in these writ petitions deserve to be quashed by issue of a writ of certiorari and it is accordingly quashed. It is made clear that the Tribunal shall now be, at liberty to entertain applications for condonation of delay in filing the applications under Section 48-A (l) of the Act from the petitioners and dispose of such applications in the first instance after hearing the interested parties. If and when the delay in filing the applications by the petitioners is condoned, it is open to the Tribunal to club together the applications, the delay in filing which has been endoned, and the application of respondent-1 and dispose them of on merits after affording adequate opportunity to all the parties concerned of adducing evidence and of being heard. If the delay in Ining the applications by the petitioners under section 48-A (1) of the Act is not condoned, the Tribunal may proceed to enquire into the application of respondent-1 afresh after service of notice to all the concerned parties including the petitioners herein and dispose of the same on merits. ( 9 ) IN the circumstances of the case, there will be no order as to costs. --- *** --- .