VIRUPAXAPPA BASAPPA Vs. LAND TRIBUNAL DHARWAR

JUDGEMENT

(1.) On Preliminary Hearing The petitioner Virupaxappa Basappa has filed this writ petition under Art 226 of the Constitution to assail the validity of the order Ex-A dated 3-12-1979 passed by the 1st respondent- Land Tribunal, Dharwar, rejecting his claim for registration of occupancy in respect of certain lands claimed) by him on, the ground that his application filed in Forrn-7 as required under S. 48A(1) of the Karnataka Land Reforms Act, 1961 (for short the 'Act') was beyond the last date fixed for making the applications and as such, it had no jurisdiction. It appears fame that the tribunal was right in rejecting the claim of the petitioner.

(2.) S. 48A(1) of the Act, which is relevant for our purpose, as it stood prior to the Karnataka Land Reforms (Amendment) Act, 1978 (Karnataka Act No. 1 of 1979), hereinafter referred; to as the 'Amendment' Act, reads thus: "Every person entitled to be registered as an occupant under S. 45 may make an application to the Tribunal in this behalf- Every such application shall, save as provided in this Act, be made on or before the 31st day of December 1974 provided that the tribunal may, for sufficient cause shown, admit an application made beyond that date but on or before 30th June 1977. S. 48A was amended by S. 14 of the Amendment Act and the amended S. 48A(1) reads as follows:

(3.) Admittedly, the petitioner filed his application in Form-7 on 27-8-1979- The last date for filing the application for registration of occupancy as per the amended S. 48A was 30-6-1979- The legislature, while amending S. 48A of the Act by the Amendment Act, did not employ any wordjs in S. 48A so as to give a discretion, to the Land Tribunal to admit an application filed beyond 30-6-1979 unlike S. 48A as it stood prior to the amendment. It was provided under S. 48A of the Act as it stood prior to the amendment that the tribunal was empowered to admit an application made beyond 31.-12-1974 but on or before 30-6-1977 (which was the last date then provided for making an application in Form-7) for sufficient cause being shown to the tribunal- The words "provided that the tribunal may, for sufficient cause shown, admit an application made beyond that date but on or before 30ih June 1977" were significantly omited by the amendment Act and the words used in their place are "before the expiry of a period of six months from the date of the commencement of section 1 of the Karnataka Land Reforms (Amendment) Act, 1978". These words clearly explain and give the, intension of the legislature that the tribunal has no power to entertain an application made beyond 30-6-1979. It is submitted iby Shri B. V. Krishnaswamy Raoi, learned counsel appearing for the petitioner, that the petitioner had made an application for condonation of the delay and the tribunal should have, considered that application on its merits. In view of the clear and unambiguous language employed in S. 48A(1) of the Act as it now stands, no claimant, in my view, is entitled to file an -application for condonation of the delay and ask the tribunal to admit his claim application made beyond 30-6-1979 when the statute itself did not provide for extension of time.