CHANNIAH Vs. RAMIAH

JUDGEMENT

(1.) In these two writ petitions, the order of the Land Tribunal, Ramananagaram Taluk, made on 16-12-1975 in L.R.F. Case No. 716/74-75 is under challenge.

(2.) On the basis of an application made by respondent-1 under Section 48-A (1) of the, Karnataka Land, Reforms Act, 1961, to be referred to as the Act, the Land Tribunal, Ramanagaram Taluk (respondent-5) having held an enquiry has made the oder which is impugned in this writ petition. The said order reads thus:

(3.) The petitioners in these writ petitions have challenged the order of the Land Tribunal mainly on the ground that they were the persons who were interested in the land concerned in the case before the Land Tribunal, both as owners in respect of half portion of it and as tenants in respect of the remaining half portion. It is further their case that the applications which they had made before the Land Tribunal for registering them as occupants in respect of the half portion of the said land, though made subsequent to the date of disposal of the case by the Land Tribunal, are still pending consideration by the Land Tribunal. As has been already stated, the attack against the impugned order is that since the notices as required under law are not served and not notified, the order made by the Tribunal has to be treated as one made without hearing the parties who are likely to be affected adversely on account of the order and as such, the order has to be set aside as one which is made in contravention of the provisions of the law. Having regard to the ground of attack levelled against the impugned order, the paint that arises for considration is as to whether the order in question has to be construed as an order which is made without complying with the requirements of law as regards the service of notices to the parties interested in the land concerned in the case.