STATE OF KARNATAKA Vs. LAND TRIBUNAL

JUDGEMENT

(1.) This Writ Appeal is by the State of Karnataka, aggrieved by the order of the Learned Single Judge dismissing the Writ Petition presented by it praying for quashing the order dated 9-1-1979 made by the Land Tribunal, Siruguppa, on the ground that the State had no locus-standi to present the Writ Petition.

(2.) The facts of the case, in brief, are as follows : The second respondent in the appeal filed an application before the Land Tribunal, Siruguppa, under Section 48 of the Karnataka Land Reforms Act, 1961 (in short 'the Act') claiming occupancy rights in respect of 2 acres 78 cents of land in Sy. No. 61/B of Siruguppa, Taluk Siruguppa, The applicant remained absent whets the matter was taken up before the Land Tribunal. After looking into the revenue records which showed that the third respondent was cultivating the land, the Tribunal dismissed the application of the second respondent. Aggrieved by the said order the State Government presented the Writ Petition before this Court.

(3.) The plea of the State in the Writ Petition was that the Tribunal could not have dismissed the application of the 2nd respondent merely on the ground that he remained exparte for the reason that by virtue of Section 44 of the Act every land which was being lawfully cultivated by a tenant as on 1-3-1974 stands vested in the State Government and thereafter occupancy rights has to be granted to the tenant concerned on an application made by him in Form No. 7 before the Land Tribunal. But in the present case, the Tribunal dismissed the application of the second respondent on the ground that he remained exparte, without deciding the question as to whether the land was tenanted as on 1-3-1974 or not.