Petitioner has approached this Court seeking for a direction to the Land Tribunal to comply with the directions issued by the Land Reforms Appellate Authority in terms of Ext. P4 order. 2. The facts involved in the case would disclose that the petitioner applied for purchase certificate for an extent of 2 cents of land. As per the purchase certificate issued by the Land Tribunal, the petitioner is only granted right in respect of 1 cent of land. Petitioner preferred an appeal before the Appellate Authority, who, after taking into consideration the factual issues, observed in Ext. P4 that “There is no rhyme or reason for the variation in the extent applied and granted. This is a mistake on the part of the Land Tribunal. In the circumstances, I set aside the order of the Land Tribunal. The Land Tribunal has to correct its own mistake by following procedure in order to grant the whole extent to the applicant.”
3. Pursuant to Ext. P4, Ext. P5 has been issued by the Land Tribunal calling upon the petitioner to produce possession certificate, B.T.R and S.M. report. According to the petitioner, the intention of the Land Tribunal is to conduct de novo enquiry in the matter, which is not W.P(C) No. 13970 of 2014 -: 2 :-
contemplated, especially in view of the directions issued at Ext. P4.
4. The learned Government Pleader, on instructions, would submit that the Land Tribunal had only directed the petitioner to produce possession certificate and other records to complete the procedure while granting purchase certificate in respect of balance extent of one cent.
5. Having regard to the aforesaid fact, it is clear that the Appellate Authority had already decided the issue in favour of the petitioner and it had come to the conclusion that the order passed by the Land Tribunal is only a mistake and the petitioner was entitled for purchase certificate in respect of the land in which he has submitted his application. Ext. P5 indicates further report and other records. Whether the Land Tribunal requires further documents with reference to grant of purchase certificate in respect of the balance extent of one cent, depends upon the report available with the Land Tribunal. If the Land Tribunal is already in possession of necessary report, which indicates that the petitioner is entitled for the aforesaid two cents of land as stated by the Appellate Authority, the Land Tribunal could as well proceed to issue purchase certificate, after complying with the procedure W.P(C) No. 13970 of 2014 -: 3 :-
prescribed. As far as possession certificate is concerned, there is nothing wrong in the Land Tribunal calling upon petitioner to produce the same.
6. In the above circumstances, the writ petition is disposed of as under:
The 3rd respondent is directed to pass appropriate orders in the light of Ext. P4, taking into consideration the documents already produced and possession certificate to be produced by the petitioner. This shall be done within two months from the date of receipt of a copy of this judgment.
Sd/- A.M. Shaffique, Judge.
Tds/