(1.) The learned Single Judge being of the opinion that an important question, viz., the ambit and scope of Section 19 of the Karnataka Land Reforms (Amendment) Act, 1986 (Karnataka Act No. 19/86) (hereinafter called 'the Amendment Act') falls for consideration in these petitions, has referred the same to a Division Bench for disposal.
(2.) In all these petitions, the challange is to the orders made by the Land Tribunals, under Section 48A of the Karnataka Land Reforms Act, 1961 ('the Act'). Till the coining into force of the Amendment Act such orders had been made final as provided under Sub-section (6) of Section 48A of the Act. Neither an appeal nor a revision nor even a review on merits was provided. The parties aggrieved by the orders of Land Tribunals had only to take recourse to the Writ Jurisdiction of this Court. Therefore, these petitions bad been preferred under Articles 226 and 227 of the Constitution of India.
(3.) For the first time by introducing Sub-section (1-A) to Section 118 of the Act by Section 8 of the Amendment Act, an appeal against every decision of the Land Tribunal to an Appellate Authority has been provided for. Likewise, adding Section 121A to the Act by Section 11 of the Amendment Act, a further revision to this Court has been provided for against the orders of the Appellate Authority. In so far as the orders of Land Tribunals are concerned, it is only such orders pronounced subsequent to the coming into force of the Amendment Act that can be challenged in an appeal and thereafter in revision. As far as the decisions rendered by Land Tribunals prior to the coming into force of the Amendment Act are concerned, if the petitions have been presented before this Court and rule nisi is issued, Section 19 of the Amendment Act enables this Court to transfer the Writ Petitions or Writ Appeals as the case may be, if it deems fit to the Appellate Authority for disposal according to law, as if they were appeals presented before it. The question is what is the criteria for transferring the Writ Petitions or Writ Appeals to Appellate Authorities under Section 19 of the Amendment Act read with Article 226 of the Constitution of India. While examining the scope of Section 19, it may be relevant to consider as to why the legislature thought it fit to amend the provisions of the Act by providing for an appeal against every order of the Land Tribunal.