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2003 DIGILAW 710 (KAR)

J. N. SHANTHAPPA v. STATE OF KARNATAKA BY SECRETARY

2003-08-26

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( 1 ) THIS writ petition is filed questioning the legality and validity of the order produced at Annexure-E dated 20-3-2003 passed by the Land Tribunal allowing the impleading application and permitting the 3rd respondent to come on record. ( 2 ) HAVING regard to the nature of the order impugned, the Addl. Govt. Advocate is directed to take notice on behalf of respondents 1 and 2 and he was heard in the matter. ( 3 ) THE 3rd respondent is neither the owner of the land nor filed application claiming grant of occupancy rights. In fact, no relief was sought against him before the land tribunal. The application for impleading seems to have been filed pursuant to the order dated 28. 3. 2001 in LRRP No. 3173/88 by which the tribunal was directed to reconsider the matter after giving opportunity to all the persons who have got interest in the land. ( 4 ) SINCE the 3rd respondent was a stranger to the proceeding, he has attempted to come on record in the proceedings taking advantage of the direction issued in LRRP No. 3173/88 to the land tribunal to give opportunity to all interested persons. How the petitioner is interested person is not forthcoming. The tenancy issue involved in the case is in between the applicant and the landlord. The lis is between them and the 3rd respondent has no lis in the matter. The 3rd respondent is neither a necessary nor a proper party to the proceedings. Hence, the Land Tribunal committed a grave error in permitting him to come on record as respondent. It has not assigned reasons as to why the other applicants named in the impleading application were not permitted to come on record but chosen only the 3rd respondent to come on record. There is total non-application of mind by the Land Tribunal while passing the impugned order. Hence, the impugned Order cannot be sustained and the same is liable to be quashed. ( 5 ) ACCORDINGLY, writ petition is allowed and the impugned order is quashed. The application filed for impleading before the Land Tribunal is hereby rejected. The tribunal shall delete the 3rd respondent from the array. ( 6 ) SINCE the lands belong to the Mutt, the Tahsildar, Virajpet, it directed to defend the proceedings effectively on behalf of the Mutt. c --- *** --- .