RADHA BAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These are tenants' writ petitions challenging a common order passed by the Land Tribunal, Honnavara in case No. LRT. SR-6-1076. 938, 561, 532, 545, 762 rejecting a portion of the claim made by them, for grant of occupancy rights, in form No. 7.

(2.) The main contentions urged on behalf of the petitioners are (1) the Land Tribunal did not record the statement of witnesses and thereby denied the opportunity to the petitioners to make representation of their case before the Land Tribunal; (2) though the land Tribunal held spot inspection, it did not take into consideration the facts found by the Tribunal while granting the occupancy rights of lesser extent in different areas.

(3.) The learned counsel for third respondent is not in a position to controvert these two grounds raised on behalf of the petitioners. Therefore, the impugned order is vitiated. It cannot be sustained in law. It is set aside. The proceeding is remanded to the Land Tribunal, Honnavara, for disposal in accordance with law after giving adequate opportunities to both parties to produce evidence and of being heard. Rule made absolute. Writ Petitions are allowed. No costs.