A S VENKATANARASIMHACHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By consent of parties, this matter even though posted for orders, was treated to be on the list for final hearing.

(2.) The petitioner who is the owner of the lands in question, has in this petition under Art. 226(1) (b) & (c) of the Constitution challenged the correctness of the order passed by the Land Tribunal, Krishnarajpet, in LRF. CR. 186 of 1978-79, produced as Exts A and D. By the order dated Nil. produced as Ext. A the Chairman of the Tribunal alone has restrained the parties from entering into the lands in question. By the subsequent order dated 16-3-1979 produced as Ext. D, the Tribunal apart from confirming the stay order, has also appointed the Tahsil. dar who is the Secretary of the Tribunal as receiver in respect of the lands in question.

(3.) Shri B. G. Sridharan, the learned counsel appearing for the petitioner, contended that the order of the Tribunal produced as Ext-A is not sustainable inasmuch as it has been passed by the Chairman alone and not by the Tribunal and as far as the second order produceed as Ext-D is concerned, it was submitted that the Tribunal in spite of noticing the fact that the RTC. stood in the name of the petitioner, has passed the second order appointing the receiver without there being any prima facie case in favour of the respondents 3 and 4 and without giving any reason.