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Judgment
Ajit J. Gunjal
The petitioner in this Writ Petition has called in question the order passed by the Land Tribunal rejecting the claim in respect of 3 items of land. The matter was pending adjudication before the Land Reforms Appellate Authority and thereafter, the matter was transmitted to this Court and renumbered.
Mr. Vyas Rao, learned Counsel appearing for the contesting respondents submits that there is a statement made by the petitioner herself before the Land Tribunal that she is giving up her claim in respect of disputed three lands. He further submits that the lands are not at all cultivable inasmuch as they are punja lands.
Learned Counsel appearing for the petitioner submits that the said statement is not recorded by the Chairman as required under the Rules but is recorded by a Member of the Tribunal.
I have perused the impugned order passed by the Land Tribunal. Apparently, the matter requires remittance inasmuch as there is a technical lacuna ''n recording the statements. It is to be noticed that the respondent was also not subjected to cross-examination. Having said so. I am of the view that on the short ground matter should go back to the Tribunal. In the result, the following order is passed:
ORDER
(i) The petition is allowed.
(ii) The order passed by the Land Tribunal dated 18.9.1981 in LRY-1-326-TRI-4642-81 -82 is set aside,
(iii) The matter is remitted to the Land Tribunal for fresh disposal. All the contentions are left open. Further, the contentions whether the lands are cultivable or not is kept open to be decided by the Land Tribunal after spot inspection.
Rule is issued and made absolute to the extent indicated above.
Shri Shashidhar S.Karamadi, High Court Government Pleader is permitted to file his memo of appearance within a period of four weeks.