Occupancy rights claim fails where prior non-agricultural conversion leaves no factual basis for remand or grant.

Prior conversion of the land to non-agricultural use, under an unchallenged order, changed its character and left no realistic basis to treat it as agricultural for occupancy rights. The existence of mango trees or asserted cultivation was insufficient to displace that finding. As the material on record admitted of no outcome other than rejection of the occupancy rights claim, a remand for reconsideration was unwarranted and would only prolong litigation. The remand direction was therefore set aside, while the rejection of occupancy rights was maintained on the existing record.

---

---

Issues: Whether the remand order directing reconsideration of the grant of occupancy rights was justified, and whether the record admitted of any possibility of grant of occupancy rights in view of the prior conversion of the land to non-agricultural use.

Analysis: The land had been converted for non-agricultural use by an unchallenged order long prior to the relevant date, and that conversion changed the character of the land. The existence of mango trees or asserted cultivation was not enough to displace the finding that the land was not agricultural for the purpose of granting occupancy rights. On the material before the Court, there was no realistic scope for the Tribunal to reach any conclusion other than rejection of the claim, so a remand would serve no useful purpose and would only prolong unnecessary litigation.

Conclusion: The remand was unjustified and was set aside. The Tribunal's grant of occupancy rights was not sustained, and the claim stood rejected on the existing record.

Final Conclusion: The appeal succeeded only to the extent of deleting the remand, while the rejection of occupancy rights was maintained.

Ratio Decidendi: Where the undisputed material shows that the land had already ceased to be agricultural, and no further factual inquiry could alter that legal position, remand is unwarranted and the claim for occupancy rights cannot be granted on that record.

---