Karnataka High Court
VIRUPAXAPPA BASAPPA - Appellant
Versus
LAND TRIBUNAL DHARWAR - Respondent
Decided On : 01-10-80
Art 226 - Validity of Order - The court dismissed the writ petition challenging the rejection of the claim for registration of occupancy due to the application being filed beyond the last date fixed under S. 48a (1) of the Karnataka Land Reforms Act, 1961.
Fact of the Case:
The petitioner filed a writ petition to challenge the rejection of the claim for registration of occupancy due to the application being filed beyond the last date fixed under S. 48a (1) of the Karnataka Land Reforms Act, 1961.
Finding of the Court:
The court dismissed the writ petition, stating that the statute did not provide for extension of time for filing the application beyond the specified date.
Issues: Validity of Order, Rejection of Claim for Registration of Occupancy
Ratio Decidendi: The court held that the statute did not provide for extension of time for filing the application beyond the specified date, as per S. 48a (1) of the Karnataka Land Reforms Act, 1961.
Final Decision: The writ petition was dismissed by the court.
( 2 ) S. 48a (1) of the Act, which is relevant for our purpose, as it stood prior to the Karnataka Land Reforms (Amendment) Act, 1978 (Karnataka act No. 1 of 1979), hereinafter referred; to as the 'amendment' Act, reads thus: "every person entitled to be registered as an occupant under S. 45 may make an application to the Tribunal in this behalf- Every such application shall, save as provided in this act, be made on or before the 31st day of December 1974 provided that the tribunal may, for sufficient cause shown, admit an application made beyond that date but on or before 30th June 1977. S. 48a was amended by S. 14 of the amendment Act and the amended S. 48a (1) reads as follows:"every person entitled to be registered as an occupant under Sec. 45, may make an application to the tribunal in this behalf. Every such application shall, save as provided in this Act, be made before the expiry of a period of six months from the date of the commencement of section 1 of the Karnataka Land Reforms (Amendment) Act, 1978. "it is provided in sub-sec. (2) of sec. 1 of the Amendment Act that S. 14 of the Amendment Act shall be deemed to have come into force on the 1st day of march, 1974. From this provision, it is abundantly clear that S. 48a (1) as amended by S. 14 of the Amendment act, was engrafted on the statute viz. , the Act with effect from 1st March 1974. As per the amended provision of S. 48a (1), the last date for making applications in Form-7 claiming occupancy was on or before 30th June 1979 since the amendment Act came into force on 1-1-1979. No provision is made either in S. 48a or in any other provision of the Act to admit an application made beyond the time prescribed, by the Tribunal on any ground. A provision to that effect which was found in sub-section (1) of sec. 48a, as it stood prior to its amendment by the Amendment Act, was omitted by the Legislature, by deleting the words "provided that the Tribunal may, for sufficient cause shown, admit an application made beyond that date but on or before 30th June 1977". This would clearly indicate the intention of the legislature, that the last date for making the application was fixed, as 30th June, 1979 and the tribunal was not left with any discretion to admit an application made beyond the period prescribed either suo motu or on an application filed by the claimant for admitting the application made beyond the time prescribed under the Act.
( 3 ) ADMITTEDLY, the petitioner filed his application in Form-7 on 27-8-1979- the last date for filing the application for registration of occupancy as per the amended S. 48a was 30-6-1979- The legislature, while amending S. 48a of the Act by the Amendment Act, did not employ any wordjs in S. 48a so as to give a discretion, to the Land tribunal to admit an application filed beyond 30-6-1979 unlike S. 48a as it stood prior to the amendment. It was provided under S. 48a of the Act as it stood prior to the amendment that the tribunal was empowered to admit an application made beyond 31.-12-1974 but on or before 30-6-1977 (which was the last date then provided for making an application in Form-7) for sufficient cause being shown to the tribunal- The words "provided that the tribunal may, for sufficient cause shown, admit an application made beyond that date but on or before 30ih June 1977" were
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