BHEEMAPPA Vs. LAND TRIBUNAL JAMKHANDI

JUDGEMENT

(1.) This petition under Art.226(1) (b) and (c) of the Constitution is directed against an order made by the Land Tribunal, Jamkhandi, in case No.KLRSR 2120 dated 29-10-1975. The petitioner had applied for registration of occupancy rights in regard to S.No.65/8 of Banahatti village in accordance with the Land Reforms Act and the Rules framed thereunder. The Tribunal after purporting to hold an enquiry rejected his claim. Hence this petition.

(2.) On behalf of the petitioner, it is contended principally that the procedure followed by the Tribunal in the matter of recording the statements of parties did not conform to the provisions of Rule 17 of the Land Reforms Rules read with S.34 of the Land Revenue Act, and therefore the proceedings were vitiated. It seems to me, that this contention is well-founded and must be accepted as correct.

(3.) It is seen from the records made available that the statement of the petitioner has been recorded on a cvclo-styled sheet with an interpolation that nanu kula antha eruvadhilla. The petitioner seems to have affixed his thumb impression to that statement. It is strange that a cvclo-styled pro-forma should have been prepared at all by the Land Tribunal in regard to recording of depositions of parties or witnesses. This apart, recording of deposition in this manner is plainly opposed to the requirements of the provisions of law aforementioned. Rule 17 of the Land Reforms Rules reads: