Raghunath Narahar Deshpande v. Land Tribunal, Chikodi & Ors
2006-02-28
R.GURURAJAN
body2006
DigiLaw.ai
JUDGMENT 1. Petitioner, owner of the land is before me challenging the order of the Land Tribunal dtd. 23-6-1981. 2. Contesting respondent filed form No. 7 seeking for occupancy rights in respect of the schedule lands. According to petition averments, the tribunal without issuing notice to the petitioner, has granted occupancy rights in favour of the contesting respondent in terms of the impugned order. Aggrieved by the order of the land tribunal petitioner filed a writ petition in WP No. 18667/1987 in this Court. In the meanwhile, appellate authority was constituted and the proceedings were transferred to the appellate authority. Later the appellate authority stood abolished. Civil Petition was filed in this Court and the same was allowed. Proceedings were converted as writ petition. This is how the present writ petition is listed before me. 3. Despite notice contesting respondents have not chosen to enter appearance. They are placed ex parte. 4. Heard the learned counsel for the parties and perused the impugned order. 5. A reading of the impugned order would show that it is an ex parte order. No notice as such was served on the petitioner. Even otherwise, it is seen that there are no acceptable reasons forthcoming as to how the respondents are entitled for occupancy rights. In these circumstances, I am satisfied that the matter requires a re-look by the tribunal. 6. In these circumstances, this writ petition is allowed. The order of the tribunal is set aside. Matter is remitted back for re-decision. Parties are directed to appear before the land tribunal on 4-5-2006. Learned counsel are directed to inform their respective clients with regard to the posting of the case. In case the contesting respondent does not appear on the said date, the tribunal is directed to issue notice to him. Liberty is reserved to the parties to lead additional evidence /documents before the tribunal. The tribunal is directed to consider the material already available on record and the proposed material if any to be produced by the parties, hear them and thereafter pass orders in accordance with law within six months from the date of the receipt of a copy of this order. Office is to send the records forthwith. 7. Sri Ramesh Anneppannavar, learned HCGP is permitted to file his memo of appearance within four weeks. 8. Petition allowed.