LINGAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Division Bench consisting of the Chief Justice and Justice Bopanna has referred the following question to the Full Bench :

(2.) The Division Bench, before whom the appeal came up for hearing felt, that the view taken by a Division Bench of this Court in Molle alias Medda v. The Mysore Revenue Appellate Tribunal (1) that during the pendency of an enquiry under Section 28 A of the Mysore Tenancy Act 1962 the Tahsildar has no power to issue an interim order of injunction, requires reconsideration in the light of the decision of the Supreme Court in the Income Tax Officer, Cannanore v. M. K Mohammed Khunni (2). The Tribunal constituted under the Karnataka Appellate Tribunal Act 1976, exercises Appellate and revisional powers not only under the provisions of the Karnataka Land Revenue Act, out of which the present proceedings arise, but also under various other enactments, such as the Karnataka Co-operative Societies Act, 1959 and the Karnataka Sales-Tax Act, 1957. The question referred to us is in general terms in regard to the powers of the Tribunal in the matter of granting interim orders like an order appointing the Receiver in an appeal before it. As the present proceeding has arisen under the provisions of the Karnataka Land Revenue Act, we consider it appropriate to examine the powers of the Tribunal to make interim orders like an order appointing a receiver during the pendency of an appeal filed only under the provisions of Karnataka Land Revenue Act, 1964.

(3.) The tribunal is constituted under Section 3 of the Karnataka Appellate Tribunal Act, 1976. Section 5 of the said Act dealing with the powers of the Tribunal provides that it shall have all the powers which the Karnataka Sales Tax Appellate Tribunal, the Karnataka Co-operative Appellate Tribunal and the Karnataka Revenue Appellate Tribunal had immediately before the commencement of this Act under the Karnataka Sales-Tax Act, 1957, the Karnataka Cooperative Societies Act, 1959 and the Karnataka Land Revenue Act, 1964 or under any other law. Section 6 of that Act provides for conduct of business of the Tribunal. Sub-section (1) cf Section 6 provides that subject to the provisions of sub-sections (2) and (3), the powers of the Tribunal in all matters relating to appeals, revisions and other proceedings shall be exercised by a Bench of two members, of whom one shall be a District Judge, constituted by the Chairman. Sub-sec. (2) of Section 6 enumerates the powers of the Tribunal which may be exercised by a single member. Granting of stay orders pending disposal of an appeal, revision or other proceedings and passing of orders of interlocutory character in such proceedings are some of the matters in respect of which a single member of the Tribunal can exercise the powers of the Tribunal. Section 6 obviously is not a source of the powers of the Tribunal. It only provides for regulation of the powers of the Tribunal conferred on it under the various enactments specified in Section 5 of the said Act. There is no express provision under the Karnataka Appellate Tribunal Act conferring power on the Tribunal to pass interim orders like an order appointing a receiver during the pendency of an appeal before it.