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Judgment
Aravind Kumar
Pursuant to the order passed by the Land Tribunal dated 01.04.2010 Annexure-A which came to be questioned in W.P. No. 64057/2009 and order passed therein dated 14.09.2009, the learned Government Advocate has filed a memo proposing the names of the persons to be appointed as Court Commissioners in addition to Sri. P.W. Basarkar.
In reply, Sri. S.S. Patil, learned counsel appearing for the petitioner has filed list of five persons to be appointed as the Court Commissioners.
Having heard the learned counsel appearing for the parties and considering the nature of the work involved, this Court is of the considered view that in addition to Sri. P.W. Basakar, the following persons are appointed as Court Commissioners to evaluate and furnish report in respect of the lands in question as ordered by the Land Tribunal by its order dated 01.04.2010. The Commissioners appointed in addition to Dr. P.W. Basarkar are as under:
i) Head of Department, Soil Science, University of Agricultural Science, Dharwad,
ii) Sri. Sadashiva Veerabhadrappa Heoiimani, Rtd. Assistant Director of Agriculture, Belgaum.
The said Commissioners shall jointly inspect and submit the report to the Land Tribunal as ordered on 01.04.2010 within a period of three months from today. Dr. P.W. Basarkar and HOD--Soil Science, UAS, Dharwad as appointed hereinabove are still in service. However, Sri. Sdadashiva Veerabhadrappa Heoiimani is a retired official. Since the duty involved in the execution of commission would be outside the purview of their routine and normal work, they are required to be paid court commissioner fee which is tentatively fixed at Rs. 25,000/-each. The said Commissioner''s fee shall be deposited by the petitioner before this court within ten days from today. The said Commissioners shall be paid 50% in advance by the registry immediately on such deposit and the balance 50% shall be paid on conclusion of the commission work after obtaining appropriate orders from this court in this writ petition. The Commissioners shall be provided with transportation, secretarial assistance and all such other incidental services as may be required for due execution of commission warrant. The State shall also ensure that in the event the Commissioners are forced to camp at a particular place, that: suitable arrangements will be made for their stay keeping in mind their present position held by them. It is also made clear that the State shall provide-all necessary infrastructure and assistance including manpower required by them, if any, on such requisition made by the Commissioners. In view of the above order being passed appointing the Commissioners, the writ petition stands disposed of and both the parties are at liberty to urge their contentions, if any, in accordance with law on such report being filed by the Commissioners before the Land Tribunal. Ordered accordingly.
It is also made clear that the if the Commission feels necessary to issue notice to the parties, the said notices may be issued or if the petitioners or any Officers of the respondents intend to be present at the time of execution of the commission warrant and spot inspection, they are at liberty to be present. The registry to issue the commissioner warrants accordingly.