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2006 DIGILAW 198 (KAR)

Basanagouda v. State of Karnataka

2006-02-22

R.GURURAJAN

body2006
ORDER 1. At my instance Sri. Ramesh B. Aneppanavar, learned Government Advocate accepts notice. 2. Matter is taken up for final disposal with the consent of the Counsel. 3. The petitioner-Basanagouda is before me challenging Annexures B and C orders dated 28-10-1981 and 31-7-1982 in this Writ Petition. 4. The petitioner is an agriculturist and a resident of Manvi Taluk, Raichur District. He owned 83 acres 30 guntas agricultural D class lands as on 18-11-1961. Out of the said total extent of lands, an extent of 10 acres is Pot Karab land. The same is not for cultivation. In these circumstances, the remaining holding of the petitioner will be 73 acres 30 guntas. The petitioner owned D class lands as on 24-1-1971. According to the petitioner, there was no change of holding in the family of the petitioner even on 1-3-1974. In the light of the Karnataka Land Reforms Act, the petitioner filed an application u/S. 66 of the Act. The Tribunal, according to the petitioner, without issuing any notice has chosen to pass ex parte orders in terms of Annexure B. Annexure C is a subsequent notice issued to the petitioner. The petitioner with these facts is before me. 5. Heard Sri Mallikarajun C. Basareddy, learned Counsel appearing for the petitioner and Sri. Ramesh B. Aneppanvar, learned Government Advocate for the State. Perused the impugned order. 6. It is seen from the order that the petitioner is not heard in the matter. No opportunity was given to the petitioner. Even otherwise the orders are as vague as it could be. In these circumstances, I am satisfied that an opportunity has to be given to the petitioner to substantiate his contentions before the Tribunal. In these circumstances, this petition is accepted. Impugned order is set aside. Matter is remitted back for re-decision. Parties are directed to appear without waiting for any notice, whatsoever, on 27-4-2006. Learned Counsel are requested to inform their respective clients with regard to the postings of the case on 27-4-2006. Liberty is reserved to both the parties to plead lead additional evidence/documents, if the parties so desire before the Land Tribunal. Matter is remitted back for re-decision. Parties are directed to appear without waiting for any notice, whatsoever, on 27-4-2006. Learned Counsel are requested to inform their respective clients with regard to the postings of the case on 27-4-2006. Liberty is reserved to both the parties to plead lead additional evidence/documents, if the parties so desire before the Land Tribunal. The Land Tribunal is directed to hear the parties, consider the material already available on record and the proposed material to be filed in terms of this order and thereafter proceed to pass a reasoned order in accordance with law, without in any way being influenced by the earlier order. The Tribunal is directed to complete the proceedings within six months from 27-4-2006. 7. Ordered accordingly. No costs. 8. Sri. Ramesh B. Aneppanavar, learned Government Advocate is given four weeks time to file his memo of appearance. 9. The office is to send the records forthwith. 10. Order accordingly.