STATE OF KARNATAKA Vs. LAND TRIBUNAL SORAB

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution, the petitioner - the State of Karnataka, has sought for quashing the order dated 21-9-1977 passed by the Land Tribunal, In case No. TNC. 145/74-75 (Annexure-A). The Tribunal has rejected the application filed respondent-2 on the ground that it has no jurisdiction to entertain the application as the Land bearing S.No.45 measuring 6 acres 37 guntas of Hachye Village, Sorab Taluk, is a Devadaya Inam Land governed by the Mysore (Religious and Charitable) Inams Abolition Act, 1955 (hereinafter referred to as the Mysore Act).

(2.) Learned High Court Government Pleader, appearing for the petitioner, contends that having regard to Section 126 of the Karnataka Land Reforms Act, 1961, (hereinafter referred to as the Act), the Tribunal has jurisdiction to consider the application. In support of this contention he has placed reliance on a decision of this Court in RAMAKRISHNA v LAND REFORMS TRIBUNAL, RAMANAGARAM AND ANOTHER, [1977 (1) Kar.L.J.334]. In the said decision it has been held as follows : ORDER These are tenants writ petitions challenging the orders passed by the Land Tribunal, Ramanagaram, directing the tenants to approach the special Deputy Commissioner for Inams Abolition for confirmation of the occupancy rights. 2.The impugned order is clearly in contravention of the provisions of S.126 of the Karnataka Land Reforms Act, 1961, Sec.126 says:

(3.) It is clear from the above, that the provisions of the Act are applicable in so far as they confer any rights and impose obligations on tenants and landlords holding lands in inam and other alienated villages or lands and to landlords and inamdar holding such villages or lands. Therefore, the Tribunal has committed an error of law apparent on the face of the record. Hence, the impugned orders are set aside and the proceedings are remanded to the Land Tribunal, Ramanagaram, for fresh disposal in accordance with law after giving opportunity to the parties to produce evidence and of be heard. The writ petitions are allowed. No costs."