KADEEJA UMMA Vs. APPELLATE AUTHORITYL R

JUDGEMENT

(1.) This writ appeal is directed against the judgment dated 9-5-1983 in O. P. No. 1153 of 1981 H which itself was for quashing Ext. P5 order by which the petitioner's application for restoration of the appeal before the Appellate Authority (Land Reforms) was dismissed. The learned Judge took the view that whether an application for restoration should be allowed or not is purely within the jurisdiction of the Appellate Authority, and it would not be fair on the part of this Court to interfere with such decision under Art.226 of the Constitution.

(2.) Going through the impugned order we find that the disposal by the Appellate Authority was far from satisfactory: What the Appellate Authority has stated by way of reason for dismissing the application for restoration reads as follows:

(3.) The counsel for respondents 2 and 3 submitted that the writ petition itself was not maintainable in as much as a revision under S.103 of the Kerala Land Reforms Act was maintainable against the impugned order and, therefore, the petitioner could not have invoked Art.226 of the Constitution for the purpose of getting the order quashed. S.103 in so far as it is relevant for our purpose reads as follows: -