RUDREGOWDA K Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought, for the issue ol a writ in the nature of mandamus directing the Addl. Land Tribunal Belur to forbear from proceeding with the case No. LRF (T) 1470 74-75 and case No. LRF(T) 215179-80 and to direct the State to transfer the above cases to any other Tribunal for disposal in accordance with law.

(2.) Petitioner's application in Form No. 7 for conferment of occupancy right, under S. 45 of the Karnataka Land Reforms Act (hereinafter referred to as the 'Act') in respect ol S. No. 154 of Halebeed village and S. No. 39 P of Hoovanahalli village of Belur Taluk, of which the respondents 3 and 6 are the owners, is required to be adjudicated by the Second Land Tribunal, Belur. On 29-8-81 the petitioner presented an application to restrain the seventh respondent from participating in the proceeding setting out several facts which according to him, justify an inference of bias against him, Briefly stated the allegation is that respondient-7 has been politically and personally biased against the petitioner and as a good friend of respondent-3 has influenced respondents 8 and 9 the other members of the Tribunal to support him. Apprehending that he will not get justice at the hands of the Tribunal and his application is likely to be rejected, he has filed this petition for the above reliefs.

(3.) Respondent-3 has denied he allegations. Respondents 7 to 9 members of the Tribunal against whom allegations are made have denied the allegations in their statement of objections and characterised those averments as 'reckless and frivolous ones without any basis. Certified copy of the order sheet produced as Annexure-R-3 discloses that on receipt of he application respondent-3 has refrained himself from participating in the proceedings from that day onward- itself.