YAMANURSAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the legality and correctnass of the order passed by the 2nd respondent-Land Tribunal, Ron, in Case No. KLR. ASR. 1124/239 dated 10-8-1977, inter alia contending that the said order is liable to be set aside on the ground that the same was passed without taking into consideration the written statement filed by him in support of his application for registration of occupancy rights in respect of Sy. Nos. 19/2 and 21/1 of Kuruvenakoppa Village of Ron Taluk. It is further urged that the Tribunal did not examine any witness nor record any statement of the landlord or the tenant in the proceedings before it so that the petitioner would have the right to cross-examine any statement made on oath before the Tribunal, particularly in regard to the factum of possession and cultivation of the lands in question.

(2.) It is unnecessary to notice the other grounds urged in the writ petition.

(3.) The impugned order is at Ext-B to the petition. It is seen therefrom that the Tribunal on the very first day of the commencement of the proceedings before it has passed the order after perusing the records. It is not possible to find out from the order that either the petitioner or respondents 3 to 5 were present before it. No doubt the impugned order refers to (the previous litigation, in Civil Courts and the result therefrom. But it has not otherwise discussed the points raised by the petitioner in his written memorandum dated 12-7-1977. As I have already pointed out, neither the petitioner nor respondents 3, 4 and 5 appeared to have been heard in person.