MACHETTIRA MACHAIAH Vs. MACHETTIRA KARIAPPA

JUDGEMENT

(1.) This Writ Appeal has been referred to a Full Bench for resolving a short question as to whether, after the enactment of the Karnataka Land Revenue Act, 1964, by which the Coorg Land and Revenue Regulations, 1899 were repealed, an application can still be filed under Regulation 127 of the Coorg Land and Revenue Regulations, 1899, 18 years after such repeal.

(2.) Few relevant facts leading to these proceedings may be noted at the out-set. The appellants are the original writ petitioners who filed Writ Petition No. 4797/83 in this Court being aggrieved by the order dated 7-2-1983 passed by the 3rd respondent - the Deputy Commissioner, Kodagu District, Madikeri. By the said order, the 3rd respondent entertained the application filed under Regulation 127 of the Coorg Land and Revenue Regulations, 1899, and observed that partition of the concerned lands, which were privilege jama bane lands, can be effected. The learned single Judge, after hearing the parties, came to the conclusion that such an application was maintainable. He, however, partly allowed the writ petition on the ground that while exercising the jurisdiction under Regulation 127 of the said Regulations, the Deputy Commissioner, respondent No. 3 herein, could not have himself effected the partition and should have appointed arbitrators for doing the said work.

(3.) The learned counsel for the appellants submitted that the learned single Judge had patently erred in law in taking the view that the Coorg Land and Revenue Regulations, 1899, survived and Regulation 127 thereof could be still resorted to, almost 18 years after it was repealed by the Karnataka Land Revenue Act, 1964. He also submitted that for taking the aforesaid view, the learned single Judge has relied upon the decision of this Court in Nandinaravanda Medappa v. Nandinaravanda Ganapathy reported in (1979) 2 Kant L J 22. It was submitted that Regulation 127 was a procedural provision. It was not saved by Section 202 of the Karnataka Land Revenue Act, 1964.