CHIKKAVEERAPPA Vs. SECTY LAND TRIBUNAL DEVANAHALLI

JUDGEMENT

(1.) This is a petition filed under Articles 226 and 227 of the Constitution of India challenging the legality of the order made by the Land Tribunal, Devanahalli, dt. 18-12-1975 in Case No.LRF.34 of 1974-75. The third respondent had filed an application under S.48A of the Land Reforms Act for registering himself as an occupant of 2 acres and 28 guntas in Survey No.56/l of Devanahalli. That declaration had been filed on 27-12-1974. 'The case had been posted to 21-11-1975 and was adjourned to 18-12-1975 for production of documents. On 21-11-1975, it would appear that the third respondent Narayanappa and the second respondent Shankar Rap were present before the Tribunal. On the next date of hearing the petitioner was also present at the time of hearing before the Tribunal. By then, he appears to have filed an application to register himself as an occupant of the entire extent of land (2 acres & 28 guntas) in Sy.No.56/l. That application appears to have been sent by registered post on 13-11- 1975. He appears to have presented another application before the Tribunal on 29-11-1975 (as is to be found from the records sent by the Tribunal to this Court) . In that application or statement, he stated that he has been cultivating the land from the time of his ancestors and on 11-11-1975 when he was talking with Shankar Rao, a notice had been served on Shankar Rao, issued from the office of the Tribunal and the date of hearing was 21-11-1975. He went on to state that Narayanappa was not in possession of the land and Shankar Rao had no interest in Sy.No.56/1 inasmuch as that in about 1962 there was a division between Shankar Rao and his sons in which Sy.No.56/l was allotted to Shankar Rao's sons and he was delivering gutta to the said sons. He also stated that he had submitted an application for registering himself as an occupant on 13-11-1975. He also presented an affidavit explaining the delay in filing that application. That affidavit had been sworn to on 17-11-1975 before the Judicial Magistrate, Doddaballapur.

(2.) On 18-12-1975, statement of Shankar Rao was recorded by the Tribunal which was to the effect that Narayanappa was cultivating two acres of land as Vara tenant and Khata may be made out in his name in accordance with law. Narayanappa's statement was also recorded. He stated before the Tribunal that he was cultivating 2 acres out of Survey No.56/l for the past 8 or 10 years under Shankar Rao and the rest of the land viz 28 guntas was being cultivated by Chikkaveerappa since 8 or 10 years. He prayed that 2 acres of land may be made out in his name and the balance may be made out in the name of Chikkaveerappa. On the basis of these statements, the Land Tribunal proceeded to make an order registering Narayanappa as occupant in respect of 2 acres of land out of Sy.No.56/1. In the order it was further stated that with regard to Chikkaveerappa orders would be passed when that case was taken up. The order also states that Chikkaveerappa was also present and it was submitted by him that he had filed a declaration about a month back and further that he submitted that he and applicant Narayanappa are cultivating the land as tenants from the year 1962. The order also records that pahanies were verified and therefore the Tribunal was convinced that the applicant Narayanappa was a tenant to an extent of 2 acres and Chikkaveerappa to an extent of 28 guntas.

(3.) It is urged for the petitioner that even though he had filed an application contending that he should be registered as occupant of the entire extent of land, no enquiry was made in regard to that application and even when he appeared when Narayanappa's case was being considered, no statement of his had been recorded and the order is vitiated as not being accordance with law,