BASAPPA GURUSANGAPPA BARAGUNDI Vs. LAND TRIBUNAL BADAMI

JUDGEMENT

(1.) These lour petitions under Art. 226 of the Constitution have been referred to a Division Bench by Bhimiah, before 'whom they had, come up in the first instance. The reason for so referring them is that they are inter-connected with Writ, Appeal No. 591 of 1978. We have heard arguments of learned Counsel "in the appeal and in these petitions and we are deciding them by this common judgment.

(2.) Writ Appeal No. 591 of 1978 is from the order of Venkatesh, permitting Writ Petition No. 7584 of 1977 being withdrawn by the petitioner therein. This appeal is by Basapa Gurusangappa Bargundi, who was the power of attorney holder for Channappa Shanmukhappat Barundi the petitioner in Writ petition No,7584/1977.

(3.) The case of the appellant is briefly thus: Channappa, Shanmukhappa Bargundi had made an application under S. 48-A of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as the Act) before the Land Tribunal, Badami taluk for being registered as occupant of certain lands. channappa had made that application as the 'Kartha' of the Hindu undivided family of which the appellant was also a member. Hence, that application must be regarded as being on-behalf of the appellant also. Subsequently Channappa withdrew the writ petition. such withdrawal was contrary to the interest of the appellant , therefore, the appellant has presented this apple thought he was not a party in his own right to Wright petition no.7584 of 1977,but was only a power of attorney holder for petitioner therein.