NINGAPPA SANGANABASAPPA ALLAPUR Vs. KARNATAKA APPELLATE TRIBUNAL

JUDGEMENT

(1.) These two, writ petitions are by rival tenants. The petitioner in Writ Petition 2784 of 1976, is challenging the finding passed in the course of the order dated 29-11-75 by the Karnataka Revenue Appellate Tribunal, Bangalore, affecting his interest in the tenancy. In, Writ Petition No. 10080 of 1976 the petitioner, who. Is the rival tenant has challenged the impugned order passed by the Land Tribunal dated 19-10-1976 on the round of denial of opportunity to the petitioner.

(2.) In the former writ petition the question that arises for decision is what is the legal effect of the observation made by the Karnataka Revenue Appellate Tribunal in the course of the order passed by it. In the latter writ petition the question for decision whether there is really denial of opportunity to the petitioner.

(3.) In the former writ petition the petitioner who was deprived of the possession Of certain lands approached the Mamlatdar fog restoration of possession. Mamlatdar passed an order in favour of the petitioner, on 31-3-1961 and the same was affirmed by the Assistant Comimissioner on 21-12-1961. Aggrieved by the order passed by the Asstt Commissioner, the 2nd respondent since deceased, represented by his L. Rs. filed an appeal before the Karnataka Revenue Appellate Tribunal in RAB-118-62 (BTALA) The Karnataka Revenue Appellate Tribunal held that it has no jurisdiction to deal with the order passed by the Mamlatdar and affirmed by the Assistant Commissioner as its jurisdiction had been taken away by Section 91 of the Karnataka Land Reform (Amendment) Act, 1973 (Act I of 1974) Having come to the conclusion that it has no jurisdiction the Karnataka Revenue Appellate Tribunal should have left the matter at that. But while doing so it observed as follows: