EVULIN D SOUZA Vs. AUTHORISED OFFICER

JUDGEMENT

(1.) PETITIONER is before this Court challenging the order dated 12-5-2005 passed in Appeal No. 20 of 2005.

(2.) PETITIONER filed an application in Form No. 7a under the Karnataka land Reforms Act seeking occupancy rights. The said application came to be rejected in terms of an order dated 2-12-2001. Aggrieved by the said order, petitioner filed an appeal before the Karnataka Appellate Tribunal, in appeal No. 20 of 2005. The tribunal has chosen to dismiss the Appeal in terms of an order dated 12-5-2005. This order is challenged in this writ petition.

(3.) PETITIONER would say that the appeal was posted for admission on 12-1-2005. Office raised objections in the matter. Clarification was sought for by the office. Office wanted the RTC record to be made available before admission. Matter was posted before the Court for compliance of office objections on 11-2-2005. Learned Counsel for the petitioner required the petitioner to send the RTC of the schedule land. Petitioner sent an intimation that it is difficult to get the copy of the same. In the meanwhile, the matter was posted to 12-5-2005. The tribunal dismissed the appeal for non prosecution. According to the petitioner, the dismissal is unsustainable in law. There is no legal requirement to produce the RTC before admission in terms of the regulations. Petitioner with these facts wants the order to be recalled.