MEENAKSHI AMMA D Vs. LAND TRIBUNAL BUNTWAL

JUDGEMENT

(1.) In this petition under Art 226 (1) (b) and (c) of the ( onstitution, the petitioners have challenged the validity of the order dated 12-1-1978 passed by the Land Tribunal, Bantwal, in case No. TNC 5271/74-75 rejecting the application of the first petitioner and granting occupancy right in favour of the 3rd respondent in respect of the lands bearing Sy. Nos. 136 A 134/3 134/1 and 134/7 of ldkidu village of Bantwal Taluk.

(2.) In this case, it is not necessary to go into the several facts of the case, inasmuch as, in my view the order of the Tribunal is vitiated because of the bias alleged against the 6th respondent Shivarama Shetty. The 2nd petitioner who is the husband of the 1st petitioner and who has subsequently become the owner of the lands in question by reason of the sale deed dated 31-10-1969 executed by the widow of Subbaiah Alva, filed an application before the Tribunal on 9-1-1976. The allegations in the said application are very material and go to show that the 6th respondent was not only interested in the matter, but he has earlier tried to settle the matter between the parties and he is also related to the 3rd respondent. The relevant portion of the said application are as follows : Thus, from the contents of the said application, it is clear that serious allegations were made against the 6th respondent who, in spite of this, continued to participate in the proceedings as a member of the Tribunal till the passing of the final order which is impugned in this writ petition.

(3.) Respondent-6 has filed the statement of objections and in that statement of objections, there is no denial of the allegations contained in the application dated 9 1-1976. Not only this, the petitioners have also made subsequent applications attributing mala fides to the 6th respondent. Even on 12-1 1978 also, an application came to be made attributing the mala fides. As already pointed out, the 6th respondent has not denied in his statement of objections the allegations made in the applications referred to above filed before the Tribunal.