SHIVARAMA Vs. SPECIAL TAHSILDAR LR KARKALA

JUDGEMENT

(1.) In this petition the petitioner has prayed for a writ of mandamus directing the Special Tahsildar, Land Reforms, Karkala, DK to consider the application dated 6-4-1979 (Annexures-C and D) made by him in case No. TRL 874/76-77 and LRY/ CAMP/SR 107/76-77 and to pay the amount to him in lump sum.

(2.) Pursuant to order dt. 21-1-1977 of grant of occupancy right in favour of the tenant, the Spl. Tahsildar ; Land Reforms, Karkala, by his order dt. 25-7-1977 determined the amount of compensation payable to the landlord in respect of the lands of which occupancy right was granted in favour of the tenant at Rs. 21,149 40 Ps. out of which only Rs. 2,000 were sanctioned for payment to the petitioner and the rest being payable in bonds. After the second proviso to S. 51 of the Karnataka Land Reforms Act was amended, the petitioner made application dated 6-4-1979 (Annexure-C) with a request to pay the balance amount of Rs. 19,149-40 Ps. in lump sum towards full settlement of the claim for extinguishment of his right in the lands of which occupancy right was granted to the tenant. However, by the letter No. COMP SR 107/77-78 dated 12-4-1979 (Annexure-E), the Tahsildar refused to do so and intimated the petitioner that his request could not be considered, since according to him, the amended provisions had come into force with effect from 1-1-1979 and therefore, he could not re-open the case already decided. The petitioner has therefore come up with this petition.

(3.) The view taken by the Tahsildar, it appears, is erroneous. The second proviso to S.51 of the Karnataka Land Reforms Act, inserted by the amended Act No. 3 of 1982, reads as follows :