( 1 ) THIS writ petition is directed against the order dt. 20-6-1977 passed by the land Tribunal, Ron, in KLR. ASR. 2278, on its file, dismissing the petition of the present writ-petitioner for granting occupancy right in his favour with regard to the suit land.

( 2 ) THE learned Counsel appearing for the writ petitioner vehemently contends that the order is not a speaking order, that no evidence was recorded by the tribunal and that even 'well waste' is also land as defined under S. 2 (18) of the karnataka Land Reforms Act, 1961, and hence, according to him, the impugned order should be set aside.

( 3 ) AS against that, the learned counsel appearing for the respondents argued supporting the order of the Tribunal.

( 4 ) THE record of Rights produced by the writ-petitioner along with the petition shows that the area Is 7 guntas and in the Pahaai Extract it is clearly mentioned as "bavipada' which means the well and the area around the well.

( 5 ) THE Tribunal; in its order, has very clearly stated thus :"as the land is 'well waste' the lr Act is not applicable in this case as the land is not cultivable land. The application is rejected. "

( 6 ) THUS, the order menti