Srinivasa Iyengar, J.:—
This petition has been filed under Articles 226 and 227 of the Constitution of India inter alia praying that the proceedings before the Land Tribunal, Coondapur, pursuant to the notices issued (Exhibits A to F) be quashed. Notice was directed to issue regarding rule and it has been served on all the parties. Respondents 2, 4, 5 and 7 are represented by counsel. Respondents 3 and 6 have remained exparte. No representation has been made on behalf of the first Respondent.
2. The counsel appearing for the respondents and the counsel for the petitioner submitted that in the circumstances of the case, the matter may be finally disposed of.
3. The respondents 2 to 7 had filed applications for registering themselves as occupants of certain lands. Consequent thereon, notices Exhibits A to F were issued. Subsequently respondents 2 to 7 who had presented applications before the Tribunal filed statements and affidavits stating that they were not cultivating the lands in respect of which the application had been filed and that they were not tenants of the said lands and the applications may be lismissed. The Tribunal however did not dismiss the applications out went on adjourning the matter directing the parties to appear again personally. It is in these circumstances that this petition has been filed contending that the Tribunal ought to have dismissed the applications and dropped the proceedings.
4. In this Court also the respondents who have appeared through counsel have filed statements stating that they were not cultivating the lands and the applications had been filed before the Tribunal due to mis-conception and due to ill-advice.
5. The Tribunal gets jurisdiction to confer occupancy rights only on applications filed by persons claiming that right. When persons make applications but subsequently state that they are filed under a misconception and admit that the claim put forth is not genuine, the Tribunal should have acted upon their statements when here was no ground to doubt the correctness of those submissions or any other basis to proceed with the matter. The Tribunal in proceeding to keep the matter pending and insisting upon the personal appearance of the parties has exceeded its jurisdiction and the continuance of the proceedings before the Tribunal is wholly unwarranted.
Accordingly a writ will issue quashing the proceedings before the first respondent (Land Tribunal, Coondapur) pursuant to the notices Exhibits A to F. Parties to bear their own costs.