AMAREGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) order of shahapur land tribunal made under Section 67(1) of the Karnataka Land Reforms Act, 1961 (''the act"), was impugned in the writ petitions. During the pendency of the writ petitions before this court, the Karnataka land reforms (Amendment) ordinance,1985, and subsequently,the Karnataka land reforms (Amendment) Act, 1986, which inserted Section 118(1a) in the Act, creating appellate authorities with appellate jurisdiction conferred upon them to deal with orders of land tribunals, came into force. Thereafter, this court, by its order dated 21-7-1986, transferred the writ petitions for their disposal by the appellate authority at gulbarga, in exercise of its powers under sub-section (2) inserted in Section 113 of the Act,

(2.) now, an interlocutory application-i.a.i has been filed in the writpetitions, praying for the recalling of the earlier order dated 21-7-1986 made therein transferring them to the land reforms appellate authority at gulbarga for their disposal, relying upon a division bench decision of this court in Babasahab alias Rangangouda V. State of Karnataka (ILR 1988 KAR. 3081), wherein it is held thus:

(3.) though I have allowed i.a.iand recalled the earlier order dated 21-7-1986 made in the writ petitions transferring them for disposal by the land reforms appellate authority at gulbarga and further directed the writ petitions to be listed for hearing in the usual course conforming to the division bench decision of this court in babasaheb % ranganagouda's case (supra), I have felt it my duty to place on record my views as to why immediate legislative action on the part of the state in specifically conferring the appellate jurisdiction on the land reforms appellate authorities respecting the orders made by land tribunals under Section 67(1) of the act is called for, as follows: