Ed b IN NE HIGh CORT OF KANATAKA NI 3A!’GALOaZ DATED THIS LTE 12TH DAY OP FiBRIIARY 1998 3 ± .ñ C’ 2 £ TMS TTON’BIE MR. JLJSTtE S.R.VE’TKATES! M’JRTT-lY ti zr 12 IOn ::os.27174/91J/27i75J9i .m3A . Smt. Sharadamma, w/o ?‘.Sreenivnsa “a’z, Aged bout 55 year, a/o k.iu3anja lao’s H 0 UQO, kadanur vilsege Doddaballapura taluk, Sansa1orea.ii strict. . . .P? fl1(’j rQv;r I” ‘ 3 D (By Sri r.r.nanja aeddy, Mv.) ““ ‘. A? D: 1. The State of Kn.ry!at!jkp%, rapreeentod by iecretqry, ;eVtnue äepartmerzc, Vidhana Soudha, eqr’r lore—I. 2. “.c1.warshn lao S/o N.Gopaia tao, Kalva Vi114e, “artsar:ira t!.,bij, Kol3r ?alu:c. 3. Sri ‘Ye rugopala Swamy Diety, .epr.stntei b Tabsildar, huzY.r3i Officer, olar .aluk, Kolar. .. .RESPOWDEm (By 3ri X.prbh’ar, • 1 dv. for i2, wt. M.a.3tnrnaaImri, :4cc? for RI) .2 es 2 Se T 1 ie is a writ petit.e which em eatlier filed a Cliii Petition wider Section 151 of CIC nw wider Section 17 of the .L.R Act R/2 Articles 226 ad 227 of the Constitution of India, flit for the reasons stated in the aeooqannn the affidavit that tale Ton’ble Court be pleased to consider this Application aid the Appeal No.DLRL29/89 filed cafore the and Ref0 — Appellate Aitixirity, Kolar may be teated a writ petition, in view of aendment of Sec.17 of the Lad e o.ln Act. This writ peti ion 0 sIn’ on tot p eliainary hearing in ‘B’ êonp t is day, the Court made the following $e ORDER These writ petitions are consolidated for the nurpo e of disposing by a oon order. In W.P.No 27174/91 the appl canon ii 4 by the petitioner in Form Wo.1 for ocouptcy rights niabered as LU/TEA/es, 87e88 was rejected by the Lad tibimal b tie order da ed 27.2.1989 • hi aweai in ZRL29/89 was filed before ti e Lad Refora Appellate Autnority. Thwlng the endency of the appeal, land Ref cm Appe]iate Authority stool aboii°hed. It i adsitted thpt tue applications for additional evidence ns fii d ad flowed by the Land teo a Appeslate ut ority before 50) adjid etton cat the app al tonk place. 2. fre tetitioder in .PJo.27175/91 file an a p11 ‘a on for onfer.s t of oooupa ni. hm and tue ate was re steral as LRP.D1S.981/79e80, 1584/79-80, 1583/79—80, _29/19e80 and 221/79—80 by a o er ated 1.2.1982. The land Tribamal granted oooipaoy rights in favour of the petitioner, The petitioner challenged the order of the Land Trib3nal by filing the petition No, 1326/87 and on the constitution of the Land Reforms Appellate Auttrrity th writ etition was transferred to the same and registered as DLR,AR,60/88, 3ef ore the Land Reforms Appellate Autno ity permission to tender additional evidence wis sought before any matter could be clubbed Though some evidence recoxed the Land Reforms Appellate Authority was abolished, 3, It is c1ar from the above that the Land Reforms Appellate Authority found that the order impugned could not be uroperly dealt with without additional evince being recorded, Consequently the orders of the Tribunal in both the cases deserves to be set wide and the matter erited for frech enqiy in ace ordance pith las, 4, Havi g r and to the decsion of tis Court in ILR 1992(2) KAM 1827 S4 I KTLi SRINiLRI ITA 3AM ‘HANAM— Vs—S Af! LAR ARA the amend ant to Kar at ca (Religioie and Charitable mama Abolition Act, 1955 wa found void +he land Tr unal coild not djudicate tFe matters cm tae elai macac b the pet ioners neren, It he Deputy Commissioner Nho is empowered to hear tne matter and decide it in accordance with law, The petitions filed in these cases ould have to be transmitted cay the Land Tribtia1 to the Denutv Commission r, Kolan for being , .4, , — 4 :— dealt with ad dispose of in accordce with law, It is needless to state that the parties would be entitled to urge all the conditions which are Ic gaily open theci in spe.et of the clatn.s ma..e by them. 5. The writ petitions are accordingly, allowed. The recorcs be transmitted forthwith to the concerned Deputy Commissioner and the Land Tr i-bmai respectiveiy Sd/ 3UDGE civ a/