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1972 DIGILAW 188 (KAR)

LINGEGOWDA RAYANAGOWDA PATIL v. SHARAMAWWA

1972-08-16

JAGANNATHA SHETTY, SADANANDASWAMY

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JAGANNATHA SHETTY, J. ( 1 ) THE petitioner and respondents 1 to 3 filed applications for the regrant of the lands which were resumed under the provisions of the Mysore Village offices Abolition Act, 1961 (Mysore Act 14 of 1961 ). The lands are situated within the limits of the Dharwar Sub-Division, Dharwar. The appllications were filed before the Assistant Commissioner, Dharwar Sub-Division, dharwar. Respondents 1 to 3 complaining against the conduct of the assistant Commissioner, filed a petition for transfer of these applications, before the Deputy Commissioner, Dharwar. The said Deputy Commissioner by his order dated 11-10-1968 transferred all the applications to the file of the assistant Commissioner, Savanur, for disposal according to law. It is this order that has been challenged by the petitioner in the writ petition under art. 226, on the ground that there was want of jurisdiction. ( 2 ) S. 2 (1) (d) of the Mysore Village Offices Abolition Act, 1961, defines a "deputy Commissioner" as meaning an officer appointed by the State government in respect of any area to perform the functions and exercise the powers of the Deputy Commissioner under the Act and where no such officer is appointed, the Deputy Coommissicner of the district. Rule 3 of the rules framed under the said Act provides that any person interested in the village office or in any land granted or continued in respect of, or annexed to, such office and desiring a decision on any question referred to in S. 3, may make an application to the Deputy Commissioner. ( 3 ) THE Government issued a notification dated 16-8-1967 in exercise of the powers conferred by clause (d) of sub-sec. (1) of S. 2 of the Act, appointing the Assistant Commissioners in charge of the revenue subdivisions to perform the functions and exercise the powers of the Deputy commissioner under the said Act, in respect of the areas within their respective jurisdiction. ( 4 ) FROM the above notification, it is clear that since the, lands are situated in the Dharwar Sub-Division, it is only the Assstant Commissioner, dharwar Sub-Division who is the competent authority to perform the functions of the Deputy Commissioner. The Assistant Commissioner, Savanur, has no jurisdiction to dispose of the applications of the respondents or that of the petitioner. These are statutory authorities with limited powers conferred under the said Act. The Assistant Commissioner, Savanur, has no jurisdiction to dispose of the applications of the respondents or that of the petitioner. These are statutory authorities with limited powers conferred under the said Act. The Deputy Commissioner has no power either under the Act or by the Rules to transfer applications from one Assistant commissioner to another. He cannot bring into aid his general power of supervision over the Assistant Commissioners when they are functioning under the. said Act. The impugned order of the Deputy Commissioner is clearly without the authority of law. ( 5 ) THE Deputy Commissioner has transferred the applications of the petitioner and respondents 1 to 3 on the ground that at the time of the consideration of those applications, the Assistant Commissioner is said to have expressed some opinion against the respondents 1 to 3. The Assistant Com- mission er in his report to the Deputy Commissioner has denied having said anyhing adverse to the said respondents. What then? Can that be a ground for transferring a case? We think not. Mere expression of some tentative opinion one way or the other by the authority dealing with the matter, cannot be regarded a proper ground for transfer of any case. Even otherwise, the embarrassment caused to the parties or to the officer is no longer there today as Mr. Swami told us that the said Assistant Commissioner has been transferred and a new person has taken charge of the office. ( 6 ) IN the result, we allow the writ petition, quash the order impugned and direct the 5th respondent, the Assistant Commissioner, Dharwar Sub-Division, Dharwar, to restore the applications of the petitioner and respondents 1 to 3 on his file and dispose of the same in accordance with law. ( 7 ) UNDER the circumstances, there will be no order as to costs. --- *** --- .