N V CHINNE GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is directed against the order dt. 13-5-1975 made by the Land Tribunal, Narasimharajapura Taluk, under S.45 of the Karnataka Land Reforms Act, 1961, registering Devamma Hegdathi-respondeut-3 as occupant of 6 acres 24 guntas of land in Sy.No.4 of Karkeswara Village, Narasimharajapura Taluk and rejecting the claim of the petitioner for registration of occupancy in respect of 2 acres 20 guntas out of 6 acres 24 guntas in the said Survey Number.

(2.) Respondent-3 Devamma Hegdathi made an application under S.45 of the Land Reforms Act before the Land Tribunal for registration of occupancy in respect of 6 acres 24 guntas of agricultural land in Sy.No.4 of Karkeswara Village. The petitioner Chinne Gowda, alleging that he was a sub-tenant under respondent-3 in respect of 2 acres 20 guntas out of 6 acres 24 guntas, made an application to the same Land Tribunal for registering him as occupant in respect of 2 acres 20 guntas.

(3.) The Land Tribunal fixed the date of hearing on which date, both parties appeared and filed their respective statements in writing. Their evidence was also recorded on that date and the matter was adjourned to 13-5-1975 for further evidence. On the adjourned date, the petitioner did not appear; he sent an application through his brother to the Tribunal praying for adjournment on the ground of illness. The application was supported by a medical certificate. The Tribunal received that application, but did not pass any order thereon. Instead, it proceeded to examine the witnesses for both parties and thereafter made the impugned order upholding the claim of Respondent-3 and rejecting the claim of the petitioner. Aggrieved by the said order, the petitioner has approached this Court for relief under Art. 226 and 227 of the Constitution.