SATYANARAYAN NARASIMHA HEBBAR Vs. LAND TRIBUNAL KUMTA

JUDGEMENT

(1.) This writ petition arising out of an application by respondent-2 for conferment of occupancy right in respect of G.As.0-6-8 of land in Survey No. 52 of Manaki village. Kumta Taluk, NK, District, is directed against the order of the Land Tribunal, Kumta dt. 16-10-1975 in LRM SR 647 granting the application of the second respondent.

(2.) The order of the Tribunal has been challenged on several grounds. This writ petition can be disposed of on two grounds. The order of the Tribunal states that witnesses were examined on 16-10-1975. The petitioners have alleged that neither the parties nor the witnesses were examined by the Tribunal on 16-10-1975 or on any other date. The Tribunal has been impleaded as respondent-1; it has not cared to enter appearance nor has sent the records of the case to this Court. The second respondent who is an interested party has appeared through Counsel, but his Counsel was not present at the hearing. The order of the Tribunal does not state what was the evidence adduced by. either side. The order states that the Tribunal has perused the report of the Special Tahsildar made after local inspecton. The allegation of the petitioners is that they had no notice of such local inspection nor was a copy oi the report furnished to them.

(3.) Or a reading of the order of the Tribunal it is clear that it is a wholly arbitrary order. It is not a speaking order. The statement that witnesses have been examined before the Tribunal is incorrect. The allegation made by the petitioners in the writ petition that the parties were not examined, nor witnesses were examined, stands unrebutted. The order of the Tribunal was made without holding an enquiry as required by law; it also suffers from the fact that it is not a speaking order. It is most unfortunate that the public have to suffer from such irresponsible Tribunals who make incorrect statements and who do not know what exactly are the duties and functions of the Tribunal which is required to decide the rights of parties to agricultural lands.