D/TED THIS THP 5TH DAY OF JUNE 1998 THE HON BLE MR. JUSTICE V. GOP? Lk GOWDA BETWEEN: B.Sheenappa Shetty S/o Puttayya Shetty, Major, R/o Vaddarse Village, Udupi Taluk, DK, 1, The Land Tribunal, Udupi by its Chairman, Udupi Taluk, D.K, 2. Padmanabha Mini S/o Annayya Mini, Major, Giliyar Village, Udupi Taluk, P.M. 3. State of Karntaka, by its Revenue Secretry, Vidhana Soudha, Banqa lore, (By *s.Bharatbi Nagesh, AGA, for R3) This C,P, was converted as H.P. U/s 17 of the KLR Act r/2 Articles 226 & 227 of trie con stitution of India and the Appeal No.LRA.l230/88 filed before the LRA, and treated as H.P. and etc. This .P, coming on for hearing, this day, the Court made the following:— — L — OP DE R this Writ t etition has to be aflr’wed on the short ground that tho o der )assed by tte Tribunal is not a soefking orler and further, it has not considered the adissicr made by I-t the second resnonJnt land &r with regard to tre caie or the potitioner Ir respect ot the land bearing Sy.NollU/lA and Sy.No.1C9/lA measurirç 335 t ents ifl suprort of Fis claiir the petitiorer his roduced tre Moolageri Dti rxcc ad b tt second ‘arondent in favour of the petitioner on 28th November l962 Apart tram the said c’in, the second resnondent lcndlo’d an e red b foe t € Tribural a d on— ednd the clan an h€ h s cateconrafly stated that he has no onjaction for grant of onrupnry rihts in faveur of tm ctitoner in resr ct of the I nd r test o 0 evr, t e Tribunal cranted occpncy riqhts in resoect of the lands Refo me Appellate Authority b virthe af an amendr nt to t a again therefo’e, ct the in Stance of tt e rietitioner, the said case cot transferred to this Courts L Learned Counsel f r the v€titioner MrVyisa o submits that, in view of no object ior statement qiveby t-c Lard rier before the Land Tribunal, the Tribunal was not right in not granting occup3ncy rights to tre full extent of I rid claimed by ir in respect of land bear— ir SyNolO9/lA reaon are -ssigned, ra— 4 ’1rir his clim to zv’ extent l45 ces. Threfore, ‘re would 3ubmits tht, thio Court can quis t e ordr ir s f a. a not rint n the ull x crt of lird it- repec rd ar g y 1 / F t r 1 a d ou re r n he t a djrier r’ dared by t a Ao€x ourt ‘i €re t orde a ltiatd the e no rEd to ordut ± it nuiry it- ‘u h rt a thic our ant ocuparcy ights ir resect o 1 rd w’ri’h was not granted, Submits that this Court can exercise its nower under Article 226 and 227 of the Constitution of India, 1e further str’mq)y rli” ora t udgr--t f tbi Cour r— ported in IL 1990 KAP 889 wherein thic Court has said, it is not compulsory on the oart of the Tribunal to conduct enquiry if no objections ar° filed, In the inst4nt c’ase ro ohiection statement was filed before the Tribunal for grant of occupancy riahts in favour of the petitioner. 4, Learned Mddl, overnment Advocte Smt,I3harathi Nagesi sub i s that, no d ubt the order is not a speaking order but, hoa er the Tribunal has considered thc statenent made by the land ar and the Moolageni Chit oroduced by e pet’ on r ani t has ncr ed tr elevent re o ds for or nt of o upanc jhts respect of the land in question mentiofled in the impugned order. Therefore she submits that, at best • .6 —6— this ma.y be a proper and fit case for remand for re—conside.ration on the basis of the claim made by the peti.tione.r and the material evidence pro— duce.d by him and no objection statement given by the second sesoondent 5 After hearing the learned counsel for the parties and perusing the record, I am of the view that, submission made by the learned counsel for the petitioner is tenable for the reason that, the impued order is not a speaking order and the Tribunal has not recorded finding to why it has not accepted the statement made t by the land øner hale not granting the full extent of land in Sy,No,l09/lA, T:e submission of the learned Govt,Advocate that matter may be remanded back to the 7. ribunal for fresh consider ation and to consider the claim of th..e petitioner is also tenable Hence, I pass the following order: [ 1:1 —7— Ph irit iti 1 bed, nul ad bsoiute, Impu; d order s hereb qu sid oily a 4rv4 4t r 3 tr4- ,, ny- 1 in resp -t f sy.No..l 9 lA, h€ ar f arcy ii hts in r ‘r at o renaming extent is not di turbed, Th ban Pr b ral i fu U r air— cc ci to e—enrnine t ne ri tt r with rae eat o no o jectior givn by the lindlord aid th M cola,°ni nit roiu ed by tIe netiti and the nctte ray be coroidered mnr gr n f in irar cnt of 1 d to r cx ant f , cer in ,No, 9/1 of Jddrse Ia , dp ks r i- ri-t 1 t r r t d t re r qs s to a d CO r