LINGANAGOUDA GURULINGAPPAGOUDA PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners are the legal representatives of one Linganagouda gurulingappa gouda Patil and they challenged the order Annexure-D, dated 20-11-1996 whereunder the Land Tribunal held that the deceased petitioner held 20 acres of land in excess of the ceiling limit and as per annexure-E demanded that the extent of land be surrendered in accordance with law.

(2.) DECEASED Linganagouda Gurulingappagouda Patil filed Form No. 11 on 30-12-1974. The Land Tribunal after an enquiry held by its order dated 16-8-1979 that the deceased Linganagouda Gurulingappagouda patil did not possess land in excess of the ceiling limit. The matter rested there till Annexure-C, dated 5-4-1996 was issued to Linganagouda Gurulingappagouda Patil, calling upon him to appear before the Land Tribunal on 18-9-1996 for an enquiry regarding the declaration filed by him in Form No. 11. Since Gurulingappagouda Patil did not enter appearance before the Land Tribunal, the order Annexure-D came to be made by the Land Tribunal declaring that he was in possession of 20 acres of land above the ceiling limit. The petitioners being aggrieved by the order Annexures-D and E have filed this writ petition. It is their case that the Land Tribunal did not have jurisdiction to review the order made in Annexure-A and the Land Tribunal could never have sought to review the order dated 16-3-1979.

(3.) THE power of review of a declaration is given under Section 122-A of the Act. Section 122-A of the Act reads as follows: