BEERAPPA LAKKAPPA DEVAKATTI Vs. LAND TRIBUNAL BIJAPUR

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India arises out of the proceedings iniated before the Land Tribunal Bijapur Taluka (respondent No. 1) on an application made by Bheemappa Yallappa Byauagi (responaeni No.2) under S.40 of the Karnataa Land Reforms Act, 1961 hereinmatter called "the Act" claiming registration of occupancy in respect of a land comprised in RS.No.215/2 measuring 16 acres and 12 Guntas in Shiddapur village of Bijapur Taluka.

(2.) The petitioner is the land-holder. On the application of the second respondent claiming registration of occupancy, the Tribunal issued notice to tne peitioner. The petitioner opposed the application on the ground that the land in dispute was not a tenanted land immediately prior to 1st March 1974, which is the relevant date for determination of a dispute under S.45 of the Act. The petitioner produced before the Tribunal certined Extracts of the Record of Rights and other documents, tne Tribunal examined the parties and also some witnesses on both sides and made an oraer on 18-2-1976 holding that the second respondent (applicant) is a tenant of the disputed land for the past i5 years and that he is entitled to the grant of registraion occupancy. Aggrieved by tne said order, the land-holder has preferred this writ petition.

(3.) It was urged by Sri V.S. Gunjal, learned counsel for the petitioner, that the impugned order of the Tribunal is not a speaking order and that the Tribunal has failed to give reasons for ignoring the presumption of correctness of the entries made in the Record of Rights and therefore, the order is liable to be quashed.