GOWRAWWA W/O LATE Vs. ASSISTANT COMMISSIONER ORS

JUDGEMENT

(1.) THIS appeal under S.4 of the High Court Act is by the writ petitioner in WP 81158/2012 as the writ petition came to be dismissed by the learned Single Judge as per order dated 14.3.2012. Writ Petition itself was directed against the order passed by the Assistant Commissioner functioning as an appellate authority in respect of an order that had been passed by the Tahsildar under S.15 of the Karnataka 3 Land Reforms Act and the appeal was in respect of the order dated 13.11.2000 passed by the Tahsildar under S.15(4) of the Land Reforms Act and the notice dated 5.3.2012 issued by the Tahsildar (annexure G to the petition).

(2.) HOWEVER , it is to be noticed that the Assistant Commissioner having once earlier dismissed the appeal against the order of the Tahsildar that had been preferred by the present appellants, that order of the Assistant Commissioner dismissing the appeal had been made subject matter of WP 20211/2007. This Court, in terms of the order dated 8.1.2010, allowed the petition, set aside the order passed by the Tahsildar on 13.11.2000 but remanded the matter to the Assistant Commissioner. On such remand, Assistant Commissioner noticing that the order of the Tahsildar itself having been set aside by this Court, there is nothing for him to examine in the appeal and therefore, returned the matter to the Tahsildar with a direction to the Tahsildar to take up the application under S.15 of the Act and dispose of afresh the application of the 3rd respondent filed under S.15 of the Act and dispose it of as per its order dated 8.3.2010 - annexure D.

(3.) IT is not necessary for this Court to go into the question as it has to be examined in an inquiry before the Tahsildar under S.15(6) of the Act and it is for the appellant to furnish necessary material before the Tahsildar to enable him to hold an inquiry and to complete the inquiry and pass suitable orders. It is open to the appellant to place material as contemplated under S.15(6) of the Act before the Tahsildar.