GUTHYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) GUTHYAPPA S/o. Late Kolla is challenging the order of the Land tribunal, dated 28-12-2001 passed in KLR (TGP) AHD 22 of 1976-77 (Annexure-F) in the following circumstances.

(2.) PETITIONER-TENANT belongs to poor ST community. His father late kolla was a tenant in respect of the suit land under the 3rd respondent. 3rd respondent was the landlord. Petitioner's father filed Form 7 seeking occupancy rights in respect of the suit lands. An order was passed rejecting the application filed by the father of the petitioner. Writ petition was filed in this Court in W. P. No. 19329 of 1985. This Court in the light of the constitution of the Appellate Authority transferred the same to the Appellate Authority. The Appellate Authority was abolished and the matter was re-transferred to this Court. Again, the matter was converted as writ petition and the converted proceedings are numbered as W. P. No. 15013 of 1993. This Court after hearing, allowed the writ petition in terms of an order dated 30-9-1996. This Court also issued directions to the parties to lead evidence in the matter. After remand, 2nd respondent issued notices in the matter. Petitioner was examined in support of his application. He produced certain documents. After the death of the father of the petitioner, petitioner continued in possession of the land. However, the 3rd respondent took possession of the land in question. Petitioner examined one Sheshagiriyappa before the Tribunal. 3rd respondent examined himself and denied the documents filed by the petitioner. Case was posted on 19-11-2001 for cross-examination of the 3rd respondent. 3rd respondent was cross-examined by the petitioner's counsel. 4th respondent being the President of the Tribunal posted the case for orders on 7-12-2001. Petitioner on 7-12-2001 filed an application seeking permission to further cross-examine the 3rd respondent. There was no sitting on the said date. Petitioner was told to file the same in the office. Matter was adjourned to 7-1-2002. Petitioner filed an application on 10-12-2001. Respondent 3 in collusion with respondent 4, got the order sheet dated 7-12-2001 tampered and preponed the date of hearing as 28-12-2001 from 7-1-2002. Therefore, the matter was called on 28-12-2001 and an order was passed dismissing the application filed by the petitioner. With these facts, petitioner is before me.

(3.) STATEMENT of objections are filed by the State Government. The counsel for the respondent submits that the contention of the petitioner alleging that the case was posted for orders on 7-1-2002 and that the date was tampered is not at all correct and absolutely baseless. The counsel for the petitioner was present in the Court on 28-12-2001, on which date, the order was pronounced in the open Court. Proceedings in the record would substantiate the act of the respondent. The petitioner's counsel Mr. Goudar, was present on 28-12-2001 when the respondent dismissed the application.