KARIM KHAN Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) Orders made by some of the Land Tribunals constituted under the Karnataka Land Reforms Act, 1961 (hereinafter referred to as 'the Principal Act, 1961 (hereinfter referred to as 'the Principal Act'), have been impugned in these Writ Petitions.

(2.) The order impugned in W.P.F.R. 18102/85 (W.P. 19766/85) (LR) is the one made under Section 48-C of the Principal Act, while the order impugned in W.P.FR. 18065/85 (W.P. 19771/85) (LR) is another, made under Section 67 of that Act. The other orders impugned in the remaining Writ Petitions are those, made under Section 48A of the said Act.

(3.) The Registry of this Court has refused to register the said Writ Petitions. That refusal of the Registry is based on its view that a remedy by way of appeal against each of the impugned orders, when has been made available to a party aggrieved thereby, under the Karnataka Land Reforms (Amendment) Ordinance, 1985 (hereinafter referred to as 'the Ordinance'), which has come into force on December 6, 1985, that remedy should be regarded as a threshold bar to a person who seeks to invoke the discretionary Writ Jurisdiction of this Court under Articles 226 and 227 of the Constitution of India to obtain relief respecting such order. Learned Counsel appearing for the Writ Petitioners, who regarded the objection so raised by the Registry, as one devoid of substance, have sought the placing of the above Writ Petitions before Court for orders, in the matter. It is this situation, that has caused the Registry to place the above Writ Petitions before Court, for deciding upon, what the Registry has called as "question of maintainability of Writ Petitions."