NADAKERAPPA SINCE DECEASED BY LRS. & ORS. versus PILLAMMA SINCE DECEASED BY LRS. & ORS.

NADAKERAPPA SINCE DECEASED BY LRS. & ORS. versus PILLAMMA SINCE DECEASED BY LRS. & ORS.

The Division Bench's remand was unjustified because remand is not to be routine and the Single Judge was correct to dismiss the writ petition challenging the Land Tribunal order on account of delay and laches; however, the Single Judge was wrong to quash the Land Tribunal notice dated 24.05.2002 since the proviso to Section 48-A (w.e.f.20.10.1995) permits correction applications and the Tribunal must decide after hearing and measurement. Accordingly, the Division Bench order in Writ Appeal No.1950/2007 is set aside and the Single Judge's order in W.P. No.27230/2002 restored; the Division Bench order in Writ Appeal No.1563/2007 and the Single Judge's order in W.P. No.23034/2002 are set...

Parties
Appellants: NADAKERAPPA SINCE DECEASED BY LRS. & ORS.; Respondents: PILLAMMA SINCE DECEASED BY LRS. & ORS.
Jurisdiction
India
Judgment Date
31 March 2022
Procedural Posture
Civil Appeal / Appeal Against Division Bench Judgment of the High Court of Karnataka Dated 30.12.2014 in Writ Appeal Nos.1563/2007 and 1950/2007
Outcome
Appeals allowed
Legal Topics
Order of Remand, Beneficial Legislation, Correction of Clerical Mistake Under Proviso to Section 48 a, Form No.7 Procedure, Delay and Laches
Karnataka Land Reforms Act, 1961 Karnataka Land Reforms Rules, 1974 Practice and Procedure Interpretation of Statutes Order of Remand Beneficial Legislation Correction of Clerical Mistake Under Proviso to Section 48 a Form No.7 Procedure +1 more

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Parties

NADAKERAPPA SINCE DECEASED BY LRS. & ORS.

Appellants

PILLAMMA SINCE DECEASED BY LRS. & ORS.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Division Bench Judgment of the High Court of Karnataka Dated 30.12.2014 in Writ Appeal Nos.1563/2007 and 1950/2007

Legal Issues

  1. 1 Whether the Division Bench was justified in setting aside the Single Judge's order and remanding the matter to the Land Tribunal
  2. 2 Whether the Single Judge was justified in quashing the Land Tribunal notice dated 24.05.2002 challenging the memo for correction of extent of land

Ratio Decidendi

The Division Bench's remand was unjustified because remand is not to be routine and the Single Judge was correct to dismiss the writ petition challenging the Land Tribunal order on account of delay and laches; however, the Single Judge was wrong to quash the Land Tribunal notice dated 24.05.2002 since the proviso to Section 48-A (w.e.f.20.10.1995) permits correction applications and the Tribunal must decide after hearing and measurement. Accordingly, the Division Bench order in Writ Appeal No.1950/2007 is set aside and the Single Judge's order in W.P. No.27230/2002 restored; the Division Bench order in Writ Appeal No.1563/2007 and the Single Judge's order in W.P. No.23034/2002 are set...

Court Disposition

Appeals allowed

Orders

  • Order in Writ Appeal No.1950 of 2007 dated 30.12.2014 passed by the Division Bench of the High Court of Karnataka at Bengaluru is set aside and the order of the Single Judge in W.P. No.27230/2002 dated 25.07.2007 is restored.
  • Order in Writ Appeal No.1563 of 2007 dated 30.12.2014 is set aside and the order of the Single Judge in W.P. No.23034/2002 dated 25.07.2002 is set aside; the Land Tribunal is directed to hold an inquiry on the notice dated 24.05.2002 and pass appropriate orders thereon in accordance with law as expeditiously as...