RAMACHANDRA MANJANATH KAMATH Vs. JAGANNATH LAXMAN PRABHU

JUDGEMENT

(1.) This petition under Art.227 of the, Constitution, is directed against the order of the Karnataka Revenue, Appellate. Tribunal dt. 12-7-1972 made in Revision No.155J71 (MPFCH).

(2.) The facts which are no.t now in dispute are these: An extent of 22 guntas in Sy.No,64/2 of Bilelkhand village, Bhatkal Taluka, was considered as a fragment under the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (shorty called 'the Bombay Act') . The said portion was sold by Respondent 3, in favour of Respondents 1 and 2. On 24-12-1967, the Assistant Commissioner declared the sale to be invalid, as it was contrary to the provisions of the Bombay Act. He also directed the purchasers to pay a fine of Rs.200.

(3.) Aggrieved by the said order, respondents 1 and 2 appealed to the Dy. Commissioner. The Dy. Commissioner dismissed their appeal. They further preferred a revision petition before the Karnataka Revenue Appellate Tribunal. The Tribunal allowed the revision petition, setting aside the order of the Assistant Commissioner with a direction to him to dispose of the matter afresh and in accordance with law.