MAHALINGASW AMIGALU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a writ petition by a Mathadhipathi preferred under Arts. 226 and 227 of the Constitution, for a writ in the nature of Certiorari or other suitable writ or order quashing the proceedings before the Land Tribunal, T.Narasipur Taluk, Mysore District, initiated on the applications of respondents 3 to 7 under S.48-A of the Karnataka Land Reforms Act, 1961, hereinafter called 'the Act'.

(2.) Respondents 3 to 7, claiming that they are tenants of three agricultural lands in Survey Nos.131, 133 and 134 of Vadayendahalli village, measuring in all about 14 acres, 1 gunta, applied to the Land Tribunal, T.Narasipur Taluk, for grant of occupancy under S.45 of the Act. On receipt of the applications, the Land Tribunal issued notices to the petitioner -Mathadhipathi, in form No.9, to appear before the Tribunal on 6-8-1975. On service of the said notice, the petiticner-Mathadhipathi has preferred the above writ petition.

(3.) Two grounds have been urged in this writ petition. The first ground is that the notice in form No.9 is not proper. This ground was not pressed by Shri Veerabhadrappa, learned counsel for the petitioner, at the hearing. The second ground, which is the only ground pressed at the hearing is that by virtue of S. 107 of the Act all other provisions of the Act, except S.8, do not apply to the lands in question and, therefore, the Land Tribunal has no jurisdiction to proceed with the case. The short question that arises for decision is, whether by virtue of S.107 of the Act, all the provisions of the Act, except S.8, are made inapplicable to the lands in question.