( 1 ) THE question of law that needs determination by us is in the following terms:"whether a Division Bench hearing writ appeal against an order of Single judge has power to remand the case to the Single Judge concerned or not ?"

( 2 ) W. P. 5540 of 1975 was rejected by a learned single Judge of this Court on 8th January 1976. Writ Appeal 35 of 1976 was preferred against that order which came up for hearing before a Division Bench of this Court. Without going into the merits of the case, on the points that arose for consideration, the appellate bench passed the following order :"for the reasons stated above, we set aside the order under appeal and remand W P. 5540/75 for fresh disposal in accordance with law after giving opportunity to the appellant to implead the State Government and the owner or the land. Writ appeal allowed No costs. "sd. K. Bhimiah judge sd S M. Sait, judge

( 3 ) EARLIER in this Court a question had arisen regarding the power of the division Bench to remand the case to the single Judge in Ninganna v. Narayana gowda (1983 (1) Kar. L. J. 241) Explaining the appellate jurisdiction of High court under Section 4 of the Karnataka high Court Act,