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Karnataka High Court
GANGAMMA - Appellant
Versus
TAHSILDAR, BANGALORE SOUTH TALUK - Respondent
Decided On : 09-02-05
Writ Petition : 45408 of 2004
[S. Abdul Nazeer, J]: The Land Tribunal may on its own or on the application of any of the parties, correct the extent of land in any order passed by it after causing actual measurement and after giving an opportunity of being heard to the concerned parties. The Land Tribunal has to assign reasons while passing such an order. It may also correct the order passed prior to the insertion of the above proviso. There is every possibility that they may mention wrong survey number in Form no. 7 and they may not correctly state the actual measurement of the lands. Keeping in view of this background the legislature has empowered the Land Tribunal to correct the mistakes in the order passed by it earlier, after causing actual measurement and after giving an opportunity of being heard to the concerned parties.
Cases Referred: Followed: ILR 2005 Kar 2111; WP No. 20080/1991 DD 15-7-1993.
Powers of Tribunal to modify its own order
KARNATAKA LAND REFORMS RULES, 1974 - Form 7 -Powers of Tribunal to modify its own order -Application made for modification of extent of land as per survey report -Rejected on the ground that it has no power to modify its own Order - If proper - Held, the Tribunal has such power - procedure to be followed.
[S. Abdul Nazeer, J]: The Land Tribunal may on its own or on the application of any of the parties, correct the extent of land in any order passed by it after causing actual measurement and after giving an opportunity of being heard to the concerned parties. The Land Tribunal has to assign reasons while passing such an order. It may also correct the order passed prior to the insertion of the above proviso. There is every possibility that they may mention wrong survey number in Form No. 7 and they may not correctly state the actual measurement of the lands. Keeping in view of this background the legislature has empowered the Land Tribunal to correct the mistakes in the order passed by it earlier, after causing actual measurement and after giving an opportunity of being heard to the concerned parties.
Cases Referred: Followed: ILR 2005 Kar 2111; WP No. 20080/1991 DD 15-7-1993.
KARNATAKA LAND REFORMS ACT, 1961 ; No.1840 ; Synopsis ; Powers of Tribunal to modify its own order ; Form 7 -Powers of Tribunal to modify its own order -Application made for modification of extent of land as per survey report -Rejected on the ground that it has no power to modify its own Order - If proper - Held, the Tribunal has such power - procedure to be followed. [S. Abdul Nazeer, J]: The Land Tribunal may on its own or on the application of any of the parties, correct the extent of land in any order passed by it after causing actual measurement and after giving an opportunity of being heard to the concerned parties. The Land Tribunal has to assign reasons while passing such an order. It may also correct the order passed prior to the insertion of the above proviso. There is every possibility that they may mention wrong survey number in Form No. 7 and they may not correctly state the actual measurement of the lands. Keeping in view of this background the legislature has empowered the Land Tribunal to correct the mistakes in the order passed by it earlier, after causing actual measurement and after giving an opportunity of being heard to the concerned parties.
KARNATAKA LAND REFORMS ACT, 1961 ; No.1811 ; Synopsis ; Powers of Tribunal to modify its own order 824 ; Section 48-A -Powers of Tribunal to modify its own order -Application made for modification of extent of land as per survey report -Rejected on the ground that it has no power to modify its own Order - If proper - Held, the Tribunal has such power - Procedure to be followed. [S. Abdul Nazeer, J]: The Land Tribunal may on its own or on the application of any of the parties, correct the extent of land in any order passed by it after causing actual measurement and after giving an opportunity of being heard to the concerned parties. The Land Tribunal has to assign reasons while passing such an order. It may also correct the order passed prior to the insertion of the above proviso. There is every possibility that they may mention wrong survey number in Form no. 7 and they may not correctly state the actual measurement of the lands. Keeping in view of this background the legislature has empowered the Land Tribunal to correct the mistakes in the order passed by it earlier, after causing actual measurement and after giving an opportunity of being heard to the concerned parties.
( 2 ) A survey of the lands in question was conducted by the Competent authority and a report was submitted by the said authority which states that the Siddaveerappa was in possession and cultivation of the lands bearing Sy. No. 153/1 measuring 1 acre 27 guntas and Sy. No. 151 measuring 2 acres 34 guntas during the relevant point of time. The survey report is at Annexure-E. During the pendency of the proceedings since Siddaveerappa died, his legal representatives, the petitioners herein, made an application to the Land Tribunal to suitably modify its previous order dated 11-4-1981 and bring it in conformity with the survey report. However, the Land Tribunal rejected the said request by the impugned endorsement dated 4-9-2004 on the ground that it does not have statutory power to amend the order. The said endorsement is challenged by the petitioners in this writ petition.
( 3 ) I have heard Sri Jayakumar S. Patil, learned Senior Counsel for the petitioners and Sri Nadiga Shivanandappa, learned High Court government Pleader for respondent 1. Though the other respondents were served, they have remained unrepresented.
( 4 ) LEARNED Senior Counsel appearing for the petitioners submits that after the introduction of second proviso to sub-section (6) of Section 48-A of the Karnataka Land Reforms Act, 1961 (for short, 'act'), the Land tribunal has power to correct the extent of the land in any order after causing actual measurements and after giving an opportunity of being heard to the concerned parties. Therefore, the Land Tribunal was not justified in rejecting the application on the ground that it does not have power to amend the order passed by it earlier. It is further argued that the petitioners being the villagers are illiterate and that by error they have not included the correct survey number and the correct extent of the land in Form 7. If the surveyor after actual measurement of the land has pointed out the correct extent and correct survey number, it was incumbent upon the Land Tribunal to correct order. Emphasising the words 'in any order' employed in the aforesaid proviso, learned Senior counsel argues that even the order passed prior to the introduction of the above proviso can be corrected by the Land Tribunal.
( 5 ) IT is evident from the impugned endorsement that the Land tribunal has rejected the application of the petitioners to correct its order on the ground that it does not have power to do so. By Karnataka act No. 31 of 1995, second proviso to sub-section (6) of Section 48-A was inserted which has come into force with effect from 20-10-1995. The said proviso is as under: "provided further that the Tribunal may on its own or on the application of any of the parties, for reasons to be recorded in writing, correct the extent of land in any order passed by it after causing actual measurement and after giving an opportunity of being heard to the concerned parties".
( 6 ) IT is clear from the above proviso that the Land Tribunal may on its own or on the application of any of the parties, correct the extent of land in any order passed by it after causing actual measurement and after giving an opportunity of being heard to the concerned parties. The land Tribunal has to assign reasons while passing such an order. It may also correct the order passed prior to the insertion of the above proviso.
( 7 ) AS rightly point
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