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Judgment
Ajit J. Gunjal
It is not in dispute that the petitioner Ghouse Bi was a party to the earlier proceedings before this Court. The matter was remitted to the Land Tribunal for fresh consideration. The grievance of the petitioner is that notice was not issued to her but however, was issued to one Ghouse Mohiddin. Hence, states that the impugned order is without notice to her and is in violation of the principles of natural justice.
Records were summoned and the learned Government Pleader, learned counsel for the petitioner as well as the respondents submit that indeed notice was not issued to he petitioner but was issued to one Ghouse Mohiddin. Hence, I am of the view that the impugned order suffers from serious infirmity inasmuch as it is one passed without notice to the necessary persons. Hence, the following order is passed:
(a) Petition stands allowed.
(b) The impugned order is set-aside.
(c) The matter stands remitted to the Land Tribunal for fresh disposal in accordance with law. The Tribunal shall conclude the proceedings within a period of six months from the date of receipt of this order.
(d) Government Pleader, to send back the records forthwith.
(e) Since both the petitioner as well as respondent No.3 and the legal heirs of respondent No.4 are before this Court, they shall take these proceedings as notice to them and shall appear before the Land Tribunal, Tumkur on 10th January 2012.
Mr. Shashidhar S. Karamadi, learned HCGP appearing for respondents 1 and 2 is permitted to file memo of appearance within four weeks.