ORDER
1. Heard the learned Counsel for the petitioner and the learned Counsel for contesting respondent 2. Sri S.V. Jagannath, Government Advocate, is directed to take notice for respondent 1 and respondent 3. Accordingly he takes notice. Heard the learned Government Advocate also.
2. In this writ petition, the order passed by the Land Tribunal, Hirekerur, as per Annexure-A (marked in Writ Petition No. 2874 of 1979) dated 5-10-1978 has been challenged. The present petitioner is the landlord.
3. As per Annexure-A, the Land Tribunal in respect of the total extent of 2 acres 4 guntas of land in Survey No. 184/1 situated in Thavargi Village, Hirekerur Taluk, granted 1 acre 4 guntas to present respondent 2-Hanmanthappa Shivalingappa Ajjappanavar. The balance of one acre was granted to Hanmanthappa Dyavappa Ajjappanavar. The entire extent belonged to the petitioner.
4. So far as the grant of occupancy rights to Hanmanthappa Dyavappa Ajjappanavar, the petitioner has not challenged it. This writ petition relates only to grant of occupancy rights to respondent 2 in respect of 1 acre 4 guntas of land.
5. It is seen from the records maintained in case No. KLR.SR. 2260 + 3246 of 1978 that the Tribunal has recorded the statement of Guddo Bhimaji Nadgir. The Tribunal has also recorded the statement of respondent 2.
6. Respondent 2 has not been cross-examined by or on behalf of the petitioner.
7. From the circumstances above, it is clear, the impugned order has been passed without permitting the petitioner to cross-examine respondent 2. So the impugned order cannot be allowed to stand. It has to be quashed.
8. There is one irregularity which has been pointed out at this stage, viz., the Form 7 filed by respondent 2 has not been signed by respondent 2. The Tribunal shall permit respondent 2 to put his signature to Form 7.
9. It is argued by the learned Counsel for the petitioner that the proceedings before the Tribunal are illegal because respondent 2 had not put his signature to Form 7. The proceedings before the Tribunal have gone on merrily. The petitioner has not taken objection before the Tribunal that respondent 2 had not put his signature to Form 7. At this late stage, the objection taken cannot be given any weight. Taking into consideration that respondent 2 is a villager and that objection regarding not putting his signature has not been taken at the earlier stage, I am not prepared to make a mountain out of a mole-hill. It is only an irregularity which could be corrected at any stage.
10. For the aforesaid reasons, the impugned order dated 5-10-1978 passed in case No. KLR.SR. 2260 by the Land Tribunal, Hirekerur, is quashed. The matter is remanded to the Tribunal with a direction to proceed according to law after issuing notices to the parties. If the parties desire, further enquiry shall be held. All contentions left open.
The writ petition is allowed and the matter remanded as stated herein.
The Government Advocate is permitted to file his memo of appearance within four weeks from today.