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7. Mr Kantak would further submit that even the Administrator of Comunidade agreed for such compromise terms and recommended that the matter could be compromised.

8. Mr Kantak would further submit that respondents filed proceedings before the learned Magistrate under Agricultural Tenancy Act wherein exparte order was passed thereby declaring the respondents as tenants of the property mentioned therein. Comunidade then decided to challenge such order and accordingly, an appeal is filed before the Appellate Court. However, General Body of the Comunidade discussed the issue and opined that for the best interest of the Comunidade to file consent terms thereby agreeing to 6th August, 2024.

WP194-2024.DOC give up to 60% land and to retain 40% with it. Such a proposal of the Comunidade was then put before the respondents who immediately agreed and accordingly the matter was referred to the Administrator. The Administrator of Comunidade by giving his consent, referred the matter to the Administrative Tribunal for grant of permission under Article 154(3) of the Code of Comunidades.

9. Mr Kantak would submit that terms discussed and agreed between the parties would clearly suggest that Comunidade will be benefited if such consent terms are agreed and permitted or otherwise entire land will be considered as tenanted land and will have to be allotted to the respondents.

WP194-2024.DOC approval of the Administrative Tribunal. However, it will not be correct to say that obtaining such approval from the Administrative Tribunal before a Comunidade withdraws a suit instituted by it or admits a claim or compromises a suit instituted by or against it is only some directory requirement. In this regard, it must be remembered that the Comunidade in terms of Article 5 of the said Code is under the administrative tutelage of the State, and in terms of the said Code, there are statutory restrictions when it comes to disposal of properties of Comunidades. One such salutary restriction is to be found in Article 350 of the said Code. Neither usurpers of Comunidade properties nor Comunidades can bypass this provision with impunity by styling the same as directory.

33. After considering the scheme of Code of Comunidades and the purpose of it, it is further observed in paragraph 70 as under:-

"70 All this suggests that even though the Comunidades may be the owners of their lands, 6th August, 2024.

WP194-2024.DOC still the Comunidades hold such lands or manage such lands in trust for the village communities. Therefore, there is an obligation upon the Managing Committees of such Comunidades to ensure that the Comunidade lands are not frittered away for some private gains but that dealings with the Comunidade lands are guided to achieve the best interests of the Comunidades and its members. This is the reason why certain fetters are imposed on Comunidades when it comes to dealing with their properties. The Government and the Administrative Tribunal has to be alive to this position even while considering the request from the Comunidades for disposal of its properties or for approval to admit any claims or enter into any compromises which will affect the land rights of the Comunidades."