‘V A / IN THE HI3H CCt OF KsnniCA n 3ANRLORE Doted thi 5 t1 5th day of June 1998 3EFO E Pt WON OLE PJUD IC’ V. .S OP F RIL s hOW NO.1 OC/i99d 3e;ween: 1. Sri Sozanazcuda s/c Shanrnukhagouda Pat ii, A13:3t5 years, £tv;Agrieul 4 ire, R/o faralapur ta1uk and Di t3adaez 2. Smt,Gowrara /o Shanuchapouda Patil, Ape: Naj or 1 a/c Hard arur, Psiuk and iist:Gadag. .,. Petitioners, k133’ 3d R.HO andangouoar, dvucaw Pnd: 1. t State of Kaiataka by Revenue Secretary, M.S. Building, Bangd ore, . ihe Land ribunal Gadag by its C i2irmm , . , , 2/— .4 —2— 3. me £ahsildar, Gadag LaluR, ,,4 Respondents. (B SØ.M. R.Shaith5kumari, ICOP), This Writ Petition is filed unr Articles 226 & 227 of the Constitution of India praying to quash vide Annexure—C dated 9—12—92 passed by respon nt. T h.is Writ p::et it ionr Ct wing art for r eli nimary bearing this day, the Court na de the following:— ORDER I have heard the petit ioners’ learned Advooate and the leaned. Govemnt Adcate, An: area of 29 asses 18 gurtas has been &olared as surplus out of an agreegate of 83 1.:lOr 18 gantas. This case has bei remded twice and the le!rned Governunint Advocate submits that this Court should refuse to how any induln to the p:etit toner be ause whatever pleas that .. . . .3/— —3— kve been now takea up viz,, that they are entitled to two shares have not been substan— tated before the Tribun*al Normally I wou)4 have straig1taw dismissed this Writ £tit ion, but there is ar equal fault on the part of the Tribnal. When a party takes up a contention the Trilnnal is required to camine it andes equally the dur of the :rihal to direct the party to subetantiate the plea and if the party fails to do so, the Tribunal can certainly rejt it, I find that them s been absolutely no enouiry or aplicat ion of mind withregard to the aspeoct as to whether the petitioners are entitled one or two shares end to this extent the fault lies equally with the Tribunal, I do not dispute that the primary duty was that of the retifioners who, desired to retain the excess ]and, ought to have oroduced rnn&& recuisite material, such as the supportive entries etQ., to substantiate that the partition has in ct . . .4/— —4.— tsJcen pl.e that it is lawful and that the peti.— tioz:.ers are en.tit led te retain.. two shares, For not havin done this, and having invited a remand for the third tin, the petitioners will have to y heavy oosts. I propose to make this condition rrec.edent and if the ocsts are not deposited the rder of remend shall not be given effect to. 2. The impugned order set aside, The petitioners are directed to appear before the Tribinal on 10—8—98 and if the Tribunal is not workino on that date, the. next convenient date shall be assigned to them, .:ihe petittoners will he reanirsd(osAfttaotietbe.ir plebefore the Tribunal. i’he £ribunal snail re—examine the case and pass fresh orders aenor ding to law. It is quite clear to me, that all these tactics have been opted only to hold Ofl: the land. for lon* I-’ time as possible and in view of this posit. ion, —5— —°xerp1ary costs ‘uantified L ,5,CCi/— are a rcd ainst the rtitionere, hL arount dill have thposited with the Adveoates welfare F nd, fgh Court, qitbn a period o four weeks from to—day and the recei 20 pro ‘red before the Critnal. is a condL ion pre cedent I r heremird. In Case after Case this Court is preented with a conten ti that the rithnal /gO ha passed a aarticular orr and t!tC / even 15 to PCi yearo the peti ioners did nct kn04 of € ex stence of hat orr, fhe ril hereinafter shall therafore ensure that where the jxrties art reproer tad 4’ hdvocates that the leaaed Advocate i. Jir€Ged th caa coy of tne order d ckniiedge the receipt thoreof an in tuose of thecases here they are not reresented b, Advocatas tue rribunal shall ensure ;hat a copy of the order is served Ot: eah of the -rties to the orcre din and that 4 4 * _i — — 6 the ac knowl edge men t a re e a ee d in the record, It is neeessaj to follow this procedure aS ctherwise the contentions are ised that the party unaware of the existence of the order and Writ Petitions are preaented to thi.s Court even 15L2J sears after the thie when the order is passed. nere is no means whereby this Court is able verify the truth of thas at atement and I nec t he acne fit of doubt is invariably given to the petiioners, but this unsatisfactory state of affairs will have to stop. The Writ Peti on cordiny succee with costs quantified. I have iard the learned Gornmen Advocate on rits. The registrar—enerl shall send a copy of his order to the )ecretary c overnnt, Revenue Deparbment, who in birn shall csmranicate ;hese directions fo a)’ the ribunals in the State. Sd/ JUDGE