(1.) This order is directed against the order dated 24-6-1988 made by the Land Reforms Appellate Authority, Bijapur In LRM 266/1988. The petitioner tiled the said appeal inter alia contending that the order dated 18-6-1988 passed by the Land Tribunal, Muddebihal dropping them from the proceedings in regard to the conferment of occupancy rights for Survey No. 191 measuring 26 acres 3 guntas in Basarkod village of Muddebihal Taluk, was opposed to law and was liable to be set aside with a proper direction to consider zerox copy of the application filed by them in Form No. 7 under the Karnataka Land Reforms Act as the original filed earlier before the same Land Tribunal.
(2.) The Appellate Authority, by its order under Revision, dismissed the appeal giving the reasons as follows : -
(3.) It is apparent from the undisputed facts of the case that the order dated 18-6-1988 had concluded the case as against the appellants-Revision Petitioners The Land Tribunal refused to treat the Revision Petitioners' zerox copy as an application presented to the Land Tribunal in Form No. 7 as the original could not be traced in the records as reported by the Tahsildar. Therefore, the reasoning of the appellate authority is totally extraneous to the matter that was in issue What the Land Tribunal had done on 30-5-88 was to receive the zerox copy of Form No. 7 and direct Tahsildar to search out the original and place it before the Tribunal Therefore, the appellate authority should have directed itself to the question whether the zerox copy which purported to be a zerox copy of a certified copy duly certified by the Tahsildar concerned, constituted admissible secondary evidence and not proceed to dispose of the appeal before them on the ground that the other rival tenants application is still pending and therefore, the appellants before them, i.e., the Revision - Petitioners should go back to the Tribunal and agitate. That is very strange. The very order complained against was that the Tribunal dropped them from the proceedings. Therefore, there is a total misdirection by the appellate-authority with reference to the material placed before it. Such an order must be set aside and the appellate authority must be directed to examine the appeal filed by the petitioner which has been rejected by them on the following questions :-