YAMUNA Vs. STATE OF MYSORE

JUDGEMENT

(1.) This petition is directed against the order made by the Mysore Revenue Appellate Tribunal, Bangalore in Appeal No.914/71 and Appeal No.522/71 (R) . The petitioner is, however concerned only with the result of the Appeal No.914 of 1971. This order, therefore is confined to the order relating to such appeal.

(2.) The petitioner was served with a notice under sub-section (3) of S.94 of the Mysore Land Revenue Act which provides for eviction of unauthorised occupants of lands belonging to the Government specified in subsection(1) there of. This order was issued by the Tahsildar of Buntwal Taluk. Aggrieved by the said order, the petitioner appealed to the Tribunal. The Tribunal after a reference to the Full Bench came to the conclusion that an appeal against such an order of eviction would not be maintainable. The appeal, however, is yet to be disposed of by the Regular Bench of that Tribunal. Aggrieved by the opinion of the Full Bench, the petitioner has approached this Court.

(3.) The Tribunal held that sub-30C (3) of S.94 was an integral part of of the other sub-sections of that section and further by virtue of the finality attached to the orders made under sub-sec. (2) of S.94, the appeal would not be competent.