STATE OF KARNATAKA Vs. GOWRAWWA

JUDGEMENT

(1.) The State of Karnataka by its Secretary to Government, Department of Revenue, has challenged the order (Annexure A) made by the Land Tribunal, in this writ petition under Articles 226 and 227 of the Constitution, and it has sought for quashing the same on more than one ground.

(2.) A few facts that are necessary for the disposal of this writpetition are as follows: Smt. Gowrawwa, wife of Gulappa Agasar first respondent herein presented an application under Section 48-A of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as 'the Act') seeking for occupancy right in respect of 1 acre 29 guntas in S. No. 157/1+3 situated in Nagavand Village, Hirekerur Taluk, Dharwar District, before the Land Tribunal second respondent herein. Halappa the third respondent was made a party as he was the holder of the village office in respect of the land in question.

(3.) It would appear by a perusal of the original records of theTribunal made available that both the parties have been served with the notice but, the Tribunal without following the rules framed under the Act for the purpose of holding an enquiry and without recording the evidence of both parties proceeded to pass the order conferring occupancy right in favour of Smt. Gowrawwa.