KRISHNA RAMACHANDRA NAIK Vs. RUKMINI KOM KRISHNA NAIK

JUDGEMENT

(1.) In this petition under Article 226(1)(b) and (c) of the constitution of India, the petitioner who claims to be the tenant of an extent of 0-05 guntas of land in Survey No. 173A of Janmane village, Taluk Sirsi, has challenged the order of the Land Tribunal in case No. LRM SR. 1468/6345 dated 13-10-1977 rejecting the application filed by the petitioner in Form No. 7 for being registered as an occupant and further granting occupancy right in favour of the 1st respondent.

(2.) The petitioner and the lst respondent both claim to be the tenants of the land in question and accordingly both of them made applications in Form No. 7 before the Land Tribunal for registration of occupancy. Both the applications were clubbed together and decided by the Land Tribunal by a common order.

(3.) The contention of Sri N.Shankaranarayana Bhat, the learned, Counsel appearing for the petitioner, is that Sri A. M. Hegde, who was one of the members of the Tribunal who participated in. the passing of the impugned order, was appearing for the 1st respondent before the Assistant Commissioner, Sirsi, in respect of the proceedings taken out with regard to the land in question between the same parties. Therefore, he further contended that the entire proceedings of the Tribunal culminating in the passing of the impugned order, are vitiated in view of the fact that Sri A. M. Hegde, participated in the proceedings.