The court emphasized the fundamental principle of natural justice requiring notice and opportunity to be heard before a decision affecting rights is made, leading to remand of the case for fresh consideration.

JUDGMENT :

T.M.NADAF, J.

This intra-court appeal filed under Section-4 of the Karnataka High Court Act 1961, by the appellants/respondent Nos.4, 6(b) to (d) calling in question the order dated 04.04.2022, passed by the Learned Single Judge in Writ Petition No.23035/2011, whereby the writ petition filed questioning the order dated 31.03.1999, passed by the Land Tribunal, Bengaluru south Taluk in LRF(B)DS:241:79-80 and LRF(B)DS:430:76-77, so far as it relates to the lands which are claimed by the petitioners therein allowed remanding the matter for a denovo enquiry.

2. The parties shall be referred to as per their ranking before the learned Single Judge for easy reference.

3. Brief facts leading to filing of this appeal is as under:

As per the petitioners/respondent nos.1 to 9 herein: the petitioners/respondent nos.1 to 9 are the tenants in cultivation of the land measuring 2 acres in Survey No.45 of Dommasandra village, Bidarahalli Hobli (now Bengaluru South taluk). They have filed Form No.VII for grant of occupation rights in respect of the land stated supra. The same came to be registered as (B) DS 415/1979- 1980, before the Land Tribunal, Bengaluru South Taluk (‘Land Tribunal’ for short).

4. It is germane to mention that there are several applications filed seeking occupancy rights in respect of the Survey Nos.45, 46 and 47 of Dommasandra village. At an earlier point of time, the Land Tribunal clubbing all the applications by a common order dated 26.09.1979, granted 30 guntas of land each in favour of all the applicants in respect of the survey numbers supra. The respondent No.4, deceased Abbaiah, deceased Shamaiah and Chinnanna father of respondent Nos.6(b) to (d) filed writ petitions in W.P.Nos.20085-88/1979 before this Court, which came to be allowed on 09.04.1984, quashing the order of the Land Tribunal dated 26.09.1979 remanding the matter for a denovo enquiry in strict compliance with Rule-17 of the KARNATAKA LAND REFORMS RULES , 1974 (‘Rules 1974’ for short).

5. The petitioners were not issued with notice after remand; the Land Tribunal proceeded to pass an order dated 31.03.1999, in LRF(B)DS:241:79-80, LRF(B)DS:1007:76-77, LRF(B)DS:1006:76- 77 and LRF(B)DS:430:76-77, vide Annexure-F to the writ petition, granting 3 acres of land each in survey No.45 in favour of respondent No.4, deceased Abbaiah and Chinnanna and 19 guntas each in favour of respondent Nos.7 and 8 out of 9 acres, 38 guntas. The claim of the petitioners is only to an extent of 2 acres. It is the specific contention of the petitioners that they have been made as respondents in the case filed by other claimants and not served with the notice. As such not aware of the order dated 31.03.1999 passed by the Land tribunal. That apart, there is no specific finding in the order that the persons in whose favour lands granted were in occupation and cultivation of the land as tenants as on 01.03.1974, as contemplated under the Karnataka Land Reforms Act, 1961 (‘KLR Act’ for short). It is their further case that their claim of 2 acres forms part of lands allotted to respondents nos.4, 6, 7 and 8.

6. The petitioner claims to have been in possession of the land concerned and they were unaware of the order passed by the Land Tribunal and in view of changes of entries made in the mutation register pursuant to the order, the contesting respondents tried to disturb their possession. It was at that point of time they have noticed the order of the Tribunal. Immediately thereafter, they filed the petition calling in question the order passed by the Land Tribunal dated 31.03.1999, claiming that the order was passed in their absence a