possession of the claimants who did not appear, should be included in the account of the declarant . In that matter, the declarant has a say and he is entitled to put forward all his contentions. The declarant had put forward such contentions and was accepted by the Taluk Land Board in the earlier order dated 28.03.1988 by allowing the claim petitions filed by the persons who claimed tenancy right. But in the present order, there is no discussion about the tenancy claims. On the ground that the claimants did not appear after receipt of notice, the Taluk Land Board has not discussed the case on the merits in respect of the claims made by these persons. The Taluk Land Board also did not consider the objections raised by the declarant in respect of the tenancy claims and the report submitted by the authorised officer was also not considered and discussed . Therefore, the Taluk Land Board should be directed to consider the claims of tenancy raised by the claimants afresh. It is true that notices were issued to them and many of them failed to appear . Since the Taluk Land Board did not consider the claims of tenancy as projected by the declarant, a fresh consideration of the whole issue, as regards the tenancy claims made by the claimants, is necessary. The Taluk Land Board shall issue notices to all the claimants other than those claimants, whose claims were allowed as per order dated 29.03.2001 and shall afford an opportunity to the claimants to put forward their case. The declarant shall also be afforded an opportunity to put forward his case regarding the claims of tenancy by the claimants. It is open to the declarant to put forward all his contentions and to produce documents and to adduce evidence. Granting of this opportunity to the declarant is not un-conditional. Having not properly prosecuted his case which resulted in the loss of several years, I am of the view that an opportunity could be granted to the declarant in this regard only on payment of costs of Rs. 10,000/- (Rupees ten thousand only). The petitioners shall
