S. R. VENKATESHA MURTHY, J.

( 1 ) THE Order dated 2-6-1997 is recalled.

( 2 ) THE matter was heard afresh at the instance of the parties.

( 3 ) THE petitioner herein questioned by way of an appeal No. 28 of 1995, before the joint director of land records, belgaum, the orders dated 10-11-1992 and 8-8-1994 and sought cancellation of the mutation entry 2693 pertaining to survey No. 166 of mannikeri village, bilagi taluk, bijapur district.

( 4 ) THE grievance was that the assistant director of the land records, jamkhandi had amalgamated survey nos. 166/1 and 166/2 and further sub-divided it as 166/l+2a and 166/l+2b. Various grounds were raised by the petitioner herein against the Order of the assistant director of land records. The first appeal under Section 49 (f) of the Karnataka land revenue act, 1964 (hereinafter called the ACT of 1964) was filed before the joint director of land records, belgaum. The joint director of land records, belgaum as per Annexure-B allowed the appeal and the subdivision measurement i. e. , p. t. sheet, form nos. 4, 11 and h. f. xii prepared as per adlr. phs. bcc. sr. 608 of 1992-93 was cancelled.

( 5 ) THE respondents 4 and 5 herein challenged the Order of the joint director of land records in appeal No. 300 of 1995 before the Karnataka appellate tribunal, bangalore. The Karnataka appellate tribunal, which heard the appeal, came to the conclusion that the joint director of land records, who heard the appeal apl. sr. 28/94-95, did not have jurisdiction to entertain the appeal as an appeal against an Order of the assistant director of land records lay to the deputy director of land records under Section 49 of the ACT of 1964. Consequently, the Karnataka appellate tribunal allowed the appeal, set aside the Order of the joint director of land records and dismissed the appeal apl. sr. 28 of 1994-95.

( 6 ) IN this writ petition, the principal contention raised for the petitioner is that as per the government Order dated 24th october, 1973 captioned 'karnataka adaptations of laws Order, 1973', there has been a substitution of the expression 'deputy commissioner of land records' by the expression 'joint director of land records' and so the appeal to the joint director of land records was competent.

( 7 ) THE mysore state (alteration of name) act, 1973 (Central Act No. 31 of 1973) enables the change of name of the State of mysore to State of Karnataka whereever the expression occurs in enactments. Section 6 of the said ACT empowers the state to make, by Order, such adoptions and modifications of any law relating to matters enumerated in lists 2 and 3 of the vii schedule of the constitution, whether by way of repeal or amendment, as may be necessary or expedient. In the exercise of this power, the substitution extracted below has been incorporated. The Order relied upon by the counsel for the petitioner reads as follows:this substitution is for a very specific purpose, namely under sections 18, 108, 120, 122-a, 139, 141, 143 and 144 (1 ). It is obvious, therefore, that wherever the expression "director of survey settlement and land records" occur in the aforesaid sections of the ACT of 1964, there is a substitution by the expression "joint director of land records". The learned counsel for the petitioner sought to contend that by virtue of the operation of the above said Order, the expression "deputy commissioner of land records" occurring in Section 49 of the act, should be read as "joint director of land records" and the appeal by the petitioner to the joint director of lands, belgaum, be held to be competent and therefore the observations of the Karnataka appellate tribunal held untenable. The contention on behalf of the petitioner, in my opinion, cannot be sustained for the substitution of the words "deputy commissioner of land records" is limited only to the sections of the ACT of 1964 referred to in the notification.

( 8 ) SECTION 49 of the Karnataka land revenue ACT specifies the heirarchy of officers to

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