1 month ago
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Partially striking down a caller amendments made to the Karnataka Land Revenue Act, creating different furniture of entreaty earlier the Karnataka Appellate Tribunal (KAT), the High Court of Karnataka said that the further furniture of entreaty would present beryllium applicable lone successful respect of “original orders” passed nether Section 136(3) of the Act by the Deputy Commissioners oregon Special Deputy Deputy Commissioners.
The tribunal struck down the caller provision, which has created an entreaty earlier the KAT anterior to filing petition earlier the High Court, challenging the “revisional orders” passed by the Deputy Commissioners oregon the Special Deputy Commissioners.
Justice R. Devdas passed the bid connected a batch of petitions filed by Somashekaraiah and others challenging the amendment brought to Section 136(1) of the KLR Act, 1956.
What State govt. said
The State authorities had argued that the alteration was indispensable to trim the load connected the High Court by channeling disputes done the KAT. However, petitioners had contended that the amendment would make endless litigation connected disputes implicit onshore records similar mutation entries.
However, the High Court observed that the amendment with respect to entreaty earlier the KAT connected “revisional orders” runs contrary to a 1996 Supreme Court ruling, which held that a revision cannot prevarication if a 2nd entreaty has been filed, and besides judgement of a Full Bench of the High Court which had established three-tier mechanics for adjudication of specified disputes.
Meanwhile, the tribunal clarified that an bid passed by the Assistant Commissioner nether Section 136(2) of the Act whitethorn either beryllium appealable oregon revisable earlier the Deputy Commissioner.
Revision petitition
The tribunal besides made it wide that an enactment would besides disposable for an aggrieved enactment to record a revision petition earlier the KAT nether Section 56 of the Act, if nary entreaty oregon revision is preferred earlier the Deputy Commissioner successful respect of an bid passed by the Assistant Commissioner.
