1977 (8) TMI 179

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.... the Land Tribunal, Kadur, dated 24-7-1975 conferring occupancy right in respect of four lands on respondent No. 3 under S. 48-A of the Karnataka Land Reforms Act, 1961. 2. Two main grounds urged in support of the writ petition are: First, the decision of the Tribunal is vitiated because the Tribunal relied on its own spot inspection and enquiries of the adjacent land-owners on 24-7-1975 at 2 P....

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....tion of the applicant (third respondent). The exact relationship is also stated in the statement of objections. It is stated that Honnappa's father and the father of the third respondent are brothers and that the said Honnappa and the third respondent are on good terms. The allegation made in this writ petition that the said Honnappa had throughout participated in the proceedings has not be....

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....iated. 4. The Tribunal has stated in its order that it held spot inspection and enquired of all the adjacent owners of land regarding cultivation of the lands in question. It relied on the statements of the adjacent owners made at the time of the spot inspection. The procedure required to be followed by the Land Tribunal has been prescribed by R. 17 of the Karnataka Land Reforms Rules and accor....

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....rested parties an opportunity to cross-examine, is a clear violation of the express provisions of Ss. 34 and 36 of the Karnataka Land Revenue Act. The procedure followed by the Tribunal is clearly illegal and that illegality has vitiated the entire proceedings resulting in substantial injustice to the petitioners whose property rights have been adversely affected by the decision of the Tribunal. ....