CHETAN P TAYAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Tahsildar, Srirangapatna, initiated proceedings under Sections 63, 64, 65, 65A, 66 and 66A of Karnataka Land Reforms Act, 1961 on the ground that the family of first petitioner possess excess lands than the ceiling limit. Consequently, the impugned order at Annexure-U dated 29-2-2012 is passed holding that the excess lands belong to Government. Aggrieved by the same the petitioners have filed these writ petitions seeking to quash the impugned order. The main contention urged by the learned counsel for the petitioners is that the Tahsildar has no jurisdiction to pass the impugned order and therefore the same cannot be sustained.

(2.) Section 67 of the Act provides for surrender of lands. The relevant portions read:-

(3.) In the instant case, the Tahsildar himself has determined the excess land without referring to the Tribunal, It is only after the Tribunal determines the surplus land, the Tahsildar gets jurisdiction to exercise power under Section 76 of the Act. In the operative portion of the impugned order the Tahsildar has exercised this power, which he has no jurisdiction unless the Tribunal passes an order determining the surplus land. The impugned order is passed without application of mind and without jurisdiction. Hence, the same is liable to be quashed.