ORDER
1. In this writ petition the petitioner has challenged the impugned orders at Annexure-D, dated 3-12-1981 passed by the Land Tribunal rejecting the claim of the petitioner for grant of occupancy rights in Sy. No. 32/2 of Mudugere Thimmayyana Palya village on various grounds.
2. I have perused the impugned order and prima facie satisfied that the same is unsustainable in law. The Tribunal rejected the application of the petitioner without conducting any enquiry holding that the land in question was mortgaged to Dodda Rangayya and the name of the petitioner does not appear in the Record of Rights immediately prior to 1-3-1974. The conclusions have been arrived at by the Tribunal only by perusing the records. The impugned order is also not a speaking order. Hence, the impugned order is wholly unsustainable.
3. Further, from the records it is seen that the parties have filed a compromise petition under Order 23, Rule 3 of the CPC in C.P. No. 10205 of 1991. No order has been passed on that compromise petition.
4. Learned Government Pleader strongly opposed the compromise petition on the ground that the parties have no right to enter into compromise since the tenanted land vests with the Government.
5. As it is held that the impugned order of the Land Tribunal cannot be sustained and the same is liable to be quashed, this Court will not record any finding as to the compromise petition with reference to the contention advanced by the learned Government Pleader. It is for the Land Tribunal to accept the compromise petition or not and to pass suitable orders thereon.
6. Accordingly, the writ petition is allowed and the impugned order of the Land Tribunal at Annexure-D is quashed. The matter is remitted back to the Land Tribunal for fresh disposal in accordance with law after affording opportunity to both the concerned parties, within a period of six months from the date of receipt of a copy of this order. The Tribunal shall consider the compromise petition and pass appropriate orders thereon. If the compromise petition is not accepted, the Tribunal
shall afford opportunity to the petitioner and the 3rd respondent and dispose of the matter in accordance with law.
All the contentions of the parties are kept open.
The office shall transmit the records along with the compromise petition to the Land Tribunal forthwith.