SEETHARAM BHATT P Vs. DY COMMISSIONER

JUDGEMENT

(1.) In this writ petition, the following question of law arises for consideration:

(2.) The facts of the case, in brief, are as follow : The petitioner has made an application under Section 48-A of the Act in the prescribed Form No. 7 claiming occupancy right in respect of certain agricultural lands specified in his application on the ground that he was lawfully cultivating those lands as a tenant on and prior to 1-3-1974, before the Tribunal constituted for Belthangadi Taluk, Dakshina Kannada district. The petitioner has alleged that the Chairman of the Tribunal-the third respondent; pressurised him not to press the application claiming occupancy right accepting some monetary consideration from respondents 6 and 7 and as the petitioner did not agree to the said suggestion of the third respondent, the third respondent told him in open Court that he would dismiss his application without taking any evidence and he also returned some of the documents submitted by the petitioner to tfoe Land Tribunal, on 10-9- 1986.

(3.) The petitioner made an application before the Deputy Commissioner, Dakshina Kannada district, preying for staying further proceedings on his application before the Land Tribunal, Belthangadi, and for an order transferring the proceedings to any other Land Tribunal in the district, stating that in the circumstances there was reasonable basis to believe that he was not likely to get justice at the hands of the 2nd respondent-Tribunal. The Deputy Commissioner communicated his decision on tha transfer petition presented by the petitioner as per the endorsement dated 22-9-1986 (Annexure-C). It reads : <IMG>JUDGEMENT_44_KANTLJ1_1987Image1.jpg</IMG> <IMG>JUDGEMENT_44_KANTLJ1_1987Image2.jpg</IMG> Thereafter, the petitioner has presented this writ petition seeking for the Issue of a writ of mandamus directing the Deputy Commissioner to transfer the case to any other Tribunal or if this Court were to be of the view that the Deputy Commissioner had no jurisdiction to do so, to issue an order transferring the proceedings before the second respondent-Land Tribunal, to any other Land Tribunal. It is in these circumstances, the question set out first arises for consideration.