HANUMAPPA SANNAMALLAPPA DHANAMMANAVAR Vs. KARNATAKA APPELLATE TRIBUNAL

JUDGEMENT

(1.) This Writ Petition under Articles 226 and 227 of the Constitution of India is filed being aggrieved by the order passed by the Karnataka Appellate Tribunal in revision petition No.43/2002 dated 14.06.2002 contending that the said order is without jurisdiction as the order in revision petition has been passed at the stage of admission without notifying the petitioners, who are the affected parties and the order passed by the Assistant Director of Land Records has been set aside without notifying the petitioners.

(2.) I have heard the Learned Counsel appearing for the petitioners and the Learned Counsel appearing for respondents 1 to 8 and the Learned High Court Government Pleader appearing for respondents 9 and 10.

(3.) It is clear from a perusal of the material on record that the order passed by the Assistant Director of Land Records was challenged in revision petition before the Karnataka Appellate Tribunal and the order impugned in the revision petition could not be set aside at the stage of admission itself without notifying the parties, in whose favour the Assistant Director of Land Records had passed the order and wherefore, the impugned order dated 14.06.2002 is passed in gross violation 6f the principles of natural justice and the same is liable to be set aside and accordingly, I pass the following Order: The Writ Petition is allowed. The order dated 14.06.2002 passed by the Karnataka Appellate Tribunal, Bangalore, in revision petition No.43/2002 is set aside and the matter is remitted to the Karnataka Appellate Tribunal to dispose of the Revision Petition No.43/2002 in accordance with law. The parties are directed to appear before the Karnataka Appellate Tribunal on 03.07.2006. Without need of issuance of notice by the Appellate Tribunal to seek further instructions.