( 1 ) IN this petition the constitutional validity of Secs. 48 and 48a of tha karnataka Land Reforms Act, 1961 (hereinafter referred to as the Act) as amended by Karnataka Land Reforms (Amendment) Act 1973 (Karnataka Act 1 of 1974) (hereinafter referred to as the Amending Act) arises for consideration. It is filed against the order of the Land Tribunal, Supa, district Karwar declaring that the 4th Respondent was the tenant entitled to be treated as the occupant of a land. The Petitioner was the owner of the land prior to 1-3-1974.

( 2 ) THE Act received the assent of the President in the year 1962. It came into force on. 2-10-1965. It was included in the IX Sch of the Constn by the constn (17th Amendment) Act. Therefore its validity was questioned before the Supreme Court in N. Krishna Bhat v. State of Mysore, WP. 202 1966 SC which was heard and decided along with Golaknath v. State of Punjab, AIR. 1967 SC. 1643 in the said decision Subba Rao CJ, upheld the constitutionality of the Act on the ground that it had been included in the IXth Sch after thq amendment of the Constn. Hidayatullah, J upheld it on the ground that it squarely fell within the scope of Art. 31. A of the Constn a

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