I\T TH CURT 0 KA NAAKA AT 3AO DAT TI PHD 18TH DAy OW JUND 1998 PHD HCN3LW r . JTTSI(’ V. G0PALAG0OA r’ I I’ION Jo.5653/9 adashiv Anant Barde, Ccc: Agriculture, Rio. Tipani, Tel: Chikodi, Diet: t 34gaum. (By Smt. Vljaya R.Harumanthgad, Advocate) AjTD: 1. The State of Karnataka, by itg secretary to qevenue Department, Vidhana Soudha, Banqal 2. The Larz3 Tribunal, Chikodi, by it C ha Irma n. 3. Socnesekhar Rtrapoa Kothiwale, Ccc: Tobacca Merchant, R/o.Jipani. 4. 3harat Kumar Ambajlrao De 5 ai, ‘apankar, R/o.HiDankar Wade, Post: Jloani, Tel: Chikodi, Diet: 3elga. 5. Laxmanrao AmajIrao Desai Jioankar, Pct: ipani, Taluk: Chikodi, Dist: Belgaum. (By Sri Mohen Shanthanagoudar f’r —3, Smt.Dharathi Nagegh, AGA for -l2, Sri.B.s.Karnate for R4) Thig rit petition is ailed undr Articleo 226 & 227 of the Cortitution of Iria praying to call for the re3 of the proceeings in .A:$o.27l/l987 pendina before the Land qeforms Appellate Authority, Chikodi, etc., This WrIt petition i comma on for hearing tbi 5 day, the Court made tha folloing: On a short ground thi 5 writ petition has to be all’ed. 2. The oetitionr who is a rival claimant is aqgrievd by t imujPd order pasged by te Land Tribunal rejectinghis claim application for grant of occupancy riqhtg in respect of tl land bearing Sy. o.l35/2A measuring 1 acre and 28 gunta and Sy.NO.]36 measuring 6 acres guntas of Nippani Town, elgaum District, and granted occupanty rights in respect of the very same lards in favour of t1- third respondent has filed t writ petition. The petitioner had fild writ petition before thIs Court in .No.236l/2 urged various legal groundg in asgailir t impugned order passed by the Land Tribunal. During pendency of that writ oetition, Land Reforms t wC amended, constituting Land Reforms Apnellate Authorities conferring right of apeal to the oartie 9 in rspect of the orders passed / —3— by the Land Tribunalj. In pursuant to the said amendment, the said matter wag got transferre to the erstwhile Ac3rlitional Land Refes Authority, Chiko’i. curing pendency of the appeal, the application under ‘ule ° of the Carnataka Land ?formg Ap ellate Authority uleg filed by the petitioner. The said apolication wag iler1 9 eeking permission of the authority to adduce additional eviderre and to produce additional documents in giport of the claim of the petitioner. The said atplication came to be allowed by the said authority, in the meanwhile, Land Reormg Appellate uthority wag abolished by virtue of an amendment to the A 0t again. This Court hag airea’y taken the view that if the parties have filed applications before the erstwhile Land Reforms Appellate Authority and the 9 ame wa 9 aflow& to rroduce additional documentg in support of the claim and counter claim of thc parties, then It would be oroper for this Co’irt to exercise power under Articles 226 and 227 of the Congti+-ution o In-ia nd remit back the matter to the Land Tribunal for fresh consideration by giving fair and rea 5 onahle opportunity to the parties to establish their regrective cases before it. In view of the —4— law declared by this court and in view of the fact that the Tribunal has not conducted proper and legal ennuiry ag conternr,lated under section 48A of the Act and under Rule 17 of the T(arnataka Land Revenue Rule 5 read with Section 34 of the Tcarnataka Land Revenue Act, 1g64. It ig a proper and fit case to remit the matter to the Tribunal For fresh consideration. Hence, I acs the following order: Writ Petition i8 a1low. Rule made absolute. Impugned order at Annexure— dated 2.l.l& in case n.R:S:l63:74+l73/7 is hereby cuaghed with a direction to the Land Tribunal the second respendt herein to conduct an enaulry after giving an adequate oportunitv to the petitioner and the respondnts 3 to 5 and dispose Of the seine in accordance dth law within 5 ix monthe rom the date of rceirt of this order. g 1 - F3g/—230698