lb 11Db HIGh c,uUR[ 0raAflAKA AT BAcG0 DATED THIS lifE 5Th DAY OF JUtE 1998 BLIORE: hE H0N’ELEMR,JUSTIM. F. SSLDANEA MaT PVTlflO t iNOii245jjo 1, bnt,Seeabai WO. Bbemath, Age: 81 ycrs, 0cc: Agriculture, PVo Talawada (M), Tq:Bhalki, Dist: Bidar. 2. ‘nt.Gmgabai, W/o Gorakthatb Age: U years, Oeo: Agril., R/o Talawada (w), tq:Bhalki, Diet: Bidar, a,. FTTTI0hERS (By Sri I.GGaohchinanath, Mvocate,,) ‘S it ide 1, The State of Karnata by its Secretary to the %venue Department, l.S.aaildhxg, Vidbwia Veedhi, Bengal ore—i, 2. T be Lend Trikinas Bhalki. by its 0haian The Assistant Commissioner, Tq: Bhalki, Dist: Bidar, 3, Tbe Tabsildar Bhalki Sabak, Diet: Bidar, , Toe Village Aooountant .R alawad (if) Tq: Bbalki, Diet: Bidar. N7 5 ri. Vittal Lao J Vittal )*; /o Devarao sfrice deceased ‘L_ ? by his L,P.s: - I—, 5a, r 5a. nt.Cbipabai V/o %o Saheb Biradar, Age: Major, 0cc: Household Wo Village Talad4! : Bbalki, Dist Bidar. 5b. Sri.Ashok S/o Rae Sabeb Biradar, Major, 0cc: Agricvlture Servit, o, Village Talawada CM), Taluk: Bhaiki, Diet: Bidar, 5c. i.Vinayak S/o Rae Saheb Biradar, Age: Major, 0cc: Nil, Wo Village Palad CM) Tq: Bhalki, Diet, Bidar, 5d. Sri.Balaji S/o Rae Saheb Biradar, Age: Major, Ccc: Private Servit W° Village Ta1ad Tq: Bhalki, Diet: Bidar, 5e. Sri,Uttn Bai Vw/o Dignber Biradar, Age: Major, 0cc: Household, /o Village lalawad (M), C1 Bhalki, Diet: Biar, 5f, Sri .Ishr S/o Vitboba Biradar, Age: Major, Ccc: Private $ervit, R/o Talawad (v), q: Bhalki, Diet: Bidar, RESP0NDTS \E \ (By VJagnatb, dl, covt Ad vo ca te, for RI to R4, (Bc sri. Mikappa Patil, for Ca) to (f)., ) Writ a e3a Writ Petition filed uMer Articles 226 ad 227 of the Constitution of India, praying to direat R-2 to supply the certified copy of the Lad Tribanel Order a No.7, statement of the parties, notices issued to the parties ad direet the S.i to Ltn delete the neme of the State Govt. ad the respondent No.5(a) to (f) from the Records of Rights h respect of Sy. No.153/i asseised at 129 p. situated at lalaada (N) Village, Bhslki bitt, Bidar Diet. This Petition ceing on for ;rblhha £7 hearing ‘B’ groap this daj, the Court made tie following:— ORDIR 0- A — ORDER I have heard all the three learned Advocates, This is wiusual case where the petitia.ierse learned Advocate points out to me that the original 5 is supposed to have obtained an order dated 31—3—81 fr• the Tribmal In his favour. The petitioners are old ladies and they contest the correcthess of that order bit their learned Advocate points out to me that eing to 3ow of the order In questions an application ,as made to the Tribunal In the year 1996 end that on the Seme day ml endorsement was issued that the file is not available and that therefore the copies of the documents asked for,one of which is the pued order 7 cannot be furnished. Learned Advocate suitted that his climits are placed In a very incongnious position in so far as the order is sought to be used against them wtere as they do not have an opportunity a challenging that order. He has madeLtwofold prayer first being that the authorities be ordered to izsb certified copies of the docomants in question ml t bat since the petitioners challangef the corecesS of the so called order, that the mutation entries that have proceeded on the basis of that order be revoked. Mr,Fatil who represents 5 end his legal heirs heirs has sericusly objected to the second prayer. He states that the proceeding is several years old, that has passed away and that his clieits are villagers who have ut been able to trace out culy a few copies of se documants bat that they are unable to lay their hands cm a copy of thgf order. However, he has produced before me documents that indicate parent of the occupancy price and his cont&iticm Is that this stage should oni: have come up after the original order was passed air 3 he also relies or the repistration certificate. 2. The learned Gcvt,Advecate points out to me that there were thousands of cases that cane up under the land Refos Act and that evan though records oAght to be prcjerly maintained and pived, that if toe Authority has pointed out jEt t at the file is not traceabla thorn is no means h is Lu a position to proo;ce the records e±are the Court, 3, There is ocmslderable substane in the tit tans i ,rievance that the cannot be prejudiced an the basts of axiwnf those orders tthe entirs fIle is not traceable, To my mind, t e orrect procodire flid be to direct the R-2 and R-3 to 6— and to carefully 5 fl out lee th or tia file. There is no valid rearon why tie file should die— appear and even if it has been misplaced,it cen always be located. This procedure shall be completed within an outer limit of 3 months fran today and the copies of the docunerts as are mentioned in the inpued endorsenent shall be furnished to the petitioners or their learned Advocate. The pe±tioners’ learned Advocate shall however follow up the matter with B—p and 3 and if the documents are available ,the sane shall be collected, 4, As indicated earlier, there is no reason why the file in question cannot be located and the lt—2 and 3 are warned that if any false explanations are put up to this Court tuat the consequces will be serious, The petitioners’ learned Advocate however suits that in the irnlikØ event of the documents not being available that the legal ranedies be kept open to the petitioners for t&riz & necessary steps as they zna be advised to do so in that event, This request is justified nL r d it shall be open to the petitioners to adopt [xl S such proceedings as the law entitles then to • ç piotee) a protect their o rights, Lt weuld not be proper n the light of the aforesaid situation at this stage for this Court to pass iy order with regard to the tnutation tries as per the latter part of the prayer clause. That aspect of the matter is however kept opi d the petitioners shall be allowed to agitate that 1s8u as id when the sane becaes necessary. S These are the only directions that are necessary at this stage. The petition succeeds to this extt. No order as to costs. Office to fumis copies of this order to the learned Mvocates, forthwith, ) g q ‘ .. JUDGE MSU/* 080698