CICILIA KUTINO AND SRI. HENRY JAMES PINTO Vs. STATE OF KARNATAKA, THE LAND TRIBUNAL, MUDABIDRI, SOMAPPA POOJARI, SINCE DECEASED (SMT. SHAKUNTHALA) AND SRI. MANJAPPA POOJARI, SINCE DECEASED (SRI. BOJA POOJARI, SMT. SUSHEELA POOJARI, SRI. DOOJA PO

JUDGEMENT

(1.) IN these writ petitions under Articles 226 and 227 of the Constitution of India, the petitioners have called in question, the order dated 24.5.2012, passed by the Land Tribunal, Mudabidri, Mangalore Taluk, in LRT 41:81 -82, vide Annexure -M. By the impugned order at Annexure -M, the Land Tribunal, Mudabidri, Mangalore Taluk, has granted occupancy rights in favour of the respondents 3(a) and 4(a) to (d) in respect of Sy. Nos. 8/15, 8/7, 8/10, 8/11 and 83/1 of Mennabettu village measuring 24 cents, 56 cents, 1 acre 86 cents, 1 acre 31 cents and 2 acres 75 cents respectively.

(2.) AGGRIEVED by that, the petitioners have filed these writ petitions.

(3.) THE learned counsel for the petitioners contended that the impugned order cannot be sustained in law. He also submitted that the Tribunal has failed to consider the evidence on record and the impugned order is not a speaking order. He also submitted that opportunity was not given to the petitioners to lead their evidence. Further he submitted that without recording any finding as to whether the lands were tenanted lands or not and whether the applicants were tenants, the Tribunal has granted occupancy rights and therefore, the impugned order cannot be sustained in law.