M B RAMACHANDRAN Vs. GOWRAMMA

JUDGEMENT

(1.) Civil Appeal NoS. 5684-5686 of 1999 by special leave are directed against the judgment and order of the High Court of Karnataka at Bangalore dated 4-11-1998 in Writ Appeal Nos. 5678, 5580 and 5622 of 1996. By the impugned judgment and order, the High Court quashed the order of the Tribunal and the learned single Judge and remitted the matters to the Special Deputy Commissioner on a finding that the Land Tribunal ceased to have jurisdiction after the Amending Act, 1979 was declared ultra vires by the High Court by its judgment dated 24-4-1992. The order in the instant case was passed by the Tribunal on 8-6-1994, much after the Amending Act of 1979, was declared to be ultra vires.

(2.) Civil Appeal No. 5687 of 1999 is directed against the judgment and order of the High Court dated 24-4-1992 in which Petition No. 7230 of 1979, whereby the Amending Act of 1979 was declared ultra vires in its entirety.

(3.) The relevant facts may be briefly noticed. There were two Acts in the State of Karnataka namely Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 (Act 1 of 1955) which related to abolition of personal Inams and Mysore (Religious and Charitable) Inams Abolition Act, 1955 (Act No. 18 of 1955) which related to the abolition of religious and charitable Inams. The Karnataka Inams Abolition (Amendment) Act, 1979 (Act 26 of 1979) was enacted by the Karnataka Legislature, Section 2 whereof amended some provisions of the Musore Act 1 of 1955 relating to personal Inams. Section 3 thereof amended some of the provisions of the Mysore Act 18 of 1955 which related to abolition of religious and charitable Inams. It is not in dispute before us that in view of the amendments brought about, inter alia, the jurisdiction to determine occupancy rights was conferred on the "Tribunal" which was earlier conferred on the "Deputy Commissioner" under the unamended Acts.