KORAGAMMA PARVATHI Vs. COONDAPUR TLK LAND TRIBUNAL

JUDGEMENT

(1.) This Writ Appeal arising under the Karnataka Land Reforms Act, 1961, is directed against the order dated 17-9-1976 made in WP. No.8042 of 1976 by Malimath, J, dismissing the Writ Petition at the preliminary hearing stage.

(2.) The second respondent Subbakka Shedthy is the wife of Manjayya Shetty. The petitioner is the land-holder. The second respondent made an application before the Land Tribunal, Coondapur (respondent No.1) on 3-3-1976 to grant her occupancy right in respect of several items of agricultural lands situate in Chittur Village of Coondapur Taluk. In the said proceedings, she made an application under S.48-C of the Act for issue of an order of Temporary Injunction against the land-holder from interfering with her alleged possession of the lands. On that application, the Tribunal made local inspection in the presence of the parties on 17-5-1976. On 15-6-1976 an order was made granting the application for Temporary Injunction in repect of 8 items of agricultural lands. It is relevent to state at this stage that the original records, which we had perused on an earlier occasion, show that the Chairman and three members of the Tribunal were present when the decision was taken ; but the order has been signed only by the Chairman and not by the other Members. This fact has been verified by us. The order signed by the Chairman of the Tribunal states :

(3.) The said order was challenged by the appellant before this Court under Article 226 of the Constitution. When the matter came up before Malimath J., the learned Single Judge dismissed the Writ Petition at the preliminary hearing stage on the ground that the order made by the Tribunal being a discretionary order, there is no ground to issue Rule Nisi.