STATE OF KARNATAKA Vs. KARNATAKA APPELLATE TRIBUNAL

JUDGEMENT

(1.) All these writ petitions which have been filed, by State of Karnataka and the Assistant Commissioner, against the order of Karnataka Appellate Tribunal and respondent No. 2 in all these writ petition is the same in which raises common questions of law to the effect whether the Assistant Commissioner could review and recall his order dated 27-4-1984, whereby the Assistant Commissioner granted the permission to respondent No. 2 to purchase the lands in dispute. Hence these petitions are being disposed of by one common order.

(2.) By these writ petitions the petitioners have sought for issuance of writ of certiorari or issuance of any other appropriate writ or direction for quashing the order dated 13-2-1987 passed by Karnataka Appellate Tribunal in appeals Nos. 270 to 273 of 1986 copy of which is Annexure-B to the writ petition.

(3.) The facts of the case in brief are that respondent No.2 had moved an application under Sec.80 of the Karnataka Land Reforms Act for grant of permission to transfer the land by way of sale in its favour. The land which respondent No. 2 intended and wished to purchase under the permission of the Asst. Commissioner did bear Sy. No.106/ 1 measuring 3 acres 12 guntas, 106/ 1 measuring 3 acres, 107/3-E measuring 2 acres 9 guntas and 107/E measuring 3 acres situated in Chittapur village, Chittapur Taluk, Gulbarga District. The Assistant Commissioner vide order 27-4-1984 granted permission to the respondent No.2 to purchase the said land from the land holders. Later on some mistake was realised and the Asst. Commissioner felt that permission was obtained by a person who was not an agriculturist and no permission could be granted entitling him to purchase the land and, issued notice to 2nd respondent why the order dated 27-4-1984 should not be recalled. The objections were filed by the 2nd respondent in reply to the notice and by order dated 31-3-1986 the Asst. Commissioner recalled his order dated 27-4-1984. Having felt aggrieved from the order of the Asst. Commissioner recalling his earlier order dated 27-4-1984 the 2nd respondent filed four appeals viz., Appeal Nos. 270, 271, 272 and 273/86 before the Appellate Tribunal. The Karnataka Appellate Tribunal allowed the appeal filed by the respondent No.2 taking the view that there was no power vested in the Asst. Commissioner to recall the order dated 27-4-1984 and allowed the appeals filed by present respondent No.2 vide its judgment and order dated 13-2-1987. Having felt aggrieved from the order of the Karnataka Appellate Tribunal, the State of Karnataka has filed these petitions under Article 226 of the Constitution of India and the Asst. Commissioner of Gulbarga District has also joined in the filing of the petition as petitioner No.2. Notice of these petitions had been issued by this Court and it appears that the notice has been served on Respondent No.1 and 2 both. No appearance have been put on behalf of Respondent No.2 and the Karnataka Appellate Tribunal is the State Authority. But none appeared on behalf of State Tribunal. The disputes formerly is in between the petitioners and Respondent No.2. The Tribunal has acted only as a judicial forum to decide the dispute which has been placed before it.