HOLEHONNUR MANDAL PANCHAYAT Vs. KARNATAKA APPELLATE TRIBUNAL

JUDGEMENT

(1.) The only point for consideration is : whether the Karnataka Appellate Tribunal was justified in entertaining an appeal and proceeding to dispose of the appeal on merits in the facts and circumstances of the case by its order dated 23-7-1987 in appeal No. 673/1985.

(2.) Instead of approaching the Assistant Commissioner in appeal, the 5th respondent preferred an appeal directly to the Deputy Commissioner against the order of the Tahsildar and the Deputy Commissioner held that the appeal lies only to the Assistant Commissioner and not to the Deputy Commissioner and further directed the appellant (5th respondent) to approach the appropriate forum. Against this order the 5th respondent appealed to the Tribunal. The Tribunal while conceding that the appeal lies only to the Assistant Commissioner observed that it is only a technical defect and proceeded to dispose of the appeal on merits. It is this order that is called in question in this writ petition.

(3.) Patently there is a serious error of law apparent on the face of the record and the Tribunal was wrong in disposing of the appeal on merits. On the other hand it ought to have rejected the appeal confirming the order of the Deputy Commissioner passed in case No. R. A. 35/85-86 dated 13-12-1985. When the necessary forum provided under the statute is not approached and the remedy is not exhausted, the Tribunal has no competence to entertain an appeal by overriding the provisions in the statute. It is a clear of jurisdictional excess and therefore this writ petition deserves to be allowed.