BABASAHEB ALIAS RANGANAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two Writ Petitions are referred to the Division Bench by a learned single Judge of this Court, which involve the interpretation of Section 118(1A) of the Karnataka Land Reforms Act. 1961 (referred as 'the Act').

(2.) The question is, whether a decision of the Land Tribunal under Section 67 of the Act pertaining to the determination of the ceiling area is appealable to the Appellate Authority under the aforesaid Section 118(1A).

(3.) Till the promulgation of the Karnataka Land Reforms (Amendment) Ordinance, 1985 (referred as the Ordinance hereinafter), it is an admitted fact that the decision of the tribunal under the Act was final in all respects and there was no provision for appeal against its order. However, the Ordinance which came into effect on 6th December, 1985 provided for an appeal against certain orders of the Land Tribunal. The Ordinance amended Section 48A by deleting the words "the order of the Tribunal under this Section shall be final and", thereby removing the finality given to the orders made under Section 48A. Under Section 6 of the Ordinance, provision was made for constitution of an Appellate Authority consisting of two Members of whom one shall be an Officer in the cadre of Civil Judge and the other an Officer not below the rank of a Deputy Commissioner. By Section 7 of the Ordinance, Sub-section (1A) was introduced to Section 118, which reads as follows :"( 1A): Save as otherwise provided in this Act, from every decision or order passed by the Tribunal (excluding an interim order or an order passed on an interlocutory application) under Section 38, 48A or 67, after the commencement of the Karnataka Land Reforms (Amendment) Ordinance, 1985, an appeal shall lie to the Appellate Authority; and the Appellate Authority shall send a copy of every order passed by it to the Tahsildar and the parties concerned." By Section 10 of the Ordinance, a revision was provided to this Court against any order or proceeding of the Appellate Authority. Section 14 of the Ordinance recognised the power of the High Court to transfer a pending Writ Petition before it, in respect of the subject matter covered by the appellate provision created by the Ordinance.