AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
5 paragraphs · 365 wordsThe order dated 16-10-1976 passed by the Land Tribunal, Aland, in regard to lands Sy. Nos. 9, 10 162, 163, 104, 95, 42 and 43 of Hittalsirror of A1and taluk, Gulbarga Dist under Secs. 66 and 67 of the Karnataka Land Reforms Act 1961, is sought to be quashed. Copy of the impugned order is at Ext. ''A''. By the said order an area of 187 acres 39 guntas out of the aforementioned lands is declared as surplus. Subsequent to this order, the Tribunal appears to have sent a notice as per Ext. ''B'' dated 16-10-1976 calling upon the petitioner to surrender the excess area to the Government.
The petitioner has contended that he had no notice of any enquiry held by the Tribunal, in which it decided that such an area was surplus.
The Tribunal is represented by Smt. Gowri, the learned High Court Govt Pleader. No statement of objections has been filed on behalf of the Tribunal. No material to show that notice of the enquiry, in which it was held that 187 acres 39 guntas of land was surplus with the petitioner, had been given to the petitioner, is produced. Therefore, the averment made by the petitioner, in this behalf, stands unchallenged and hence the Court has to act upon it.
In Meenakshamma v. Land Tribunal, Raichur, (1978) 1 KarLJ. 220, it has been held that though Secs. 66 and 67 of the Karnataka Land Reforms Act, 1961 and Rule 24 of the Karnataka Land Reforms Rules, 1974 do not expressly provide for, or prohibit issue of notice so as to afford opportunity to other persons, who claim ownership rights or an interest in the lands in respect of which a declaration is filed it was, in law necessary that such notice should be issued. This principle applies to the facts and circumstances of this case.
In the result, the rule is made absolute and the impugned order is quashed. The Tribunal is directed to hold a fresh enquiry into the declaration filed by the petitioner, after due notice to him and after due issue of public notice and dispose of the declaration filed by the petitioner according to law. No costs.