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1977 DIGILAW 146 (KAR)

LINGAYYA SHETTY v. COONDAPUR TALUK LAND TRI

1977-07-01

GOVINDA BHAT

body1977
( 1 ) THIS Writ Petition is by the land-holders against the order of the land Tribunal, Coondapur Taluk, dt. 25. 5. 1976 restraining the petitioners herein from interfering with the alleged possession of the second respondent in respect of 2 acres of land in Survey No. 246/6, 60 cents of land in survey No. 246/5 and 1 acre 20 cents of land in Survey No. 246/1 of byndoor village of Coondapur Taluk in the District of South Kanara. ( 2 ) THE second repondent Venka Naika made an applcation under s. 48-A of the Karnataka Land Reforms Act (hereinafter called 'the Act') for grant of occupancy right in respect of 50 cents of land in Survey no. 240. 57 cents of land in Survey No. 24616 and 30 cents of land in survey No. 241/20 of the said Byndoor village. Survey Nos. 246/1 and 246/5 in respect of which injunction was applied for and granted, were not the subject-matter of the application for grant of occupancy u|s. 48-A of the Act, So far as Survey No. 246/6 is concerned, the second respondent had claimed occupancy only in respect of 57 cents, while injunction has been granted in respect of a larger area of two acres. Apparently, the extent of 57 cents in Survey No, 246/6 claimed by the second respondent, is a portion of a survey sub-division. The boundaries of the said sub-division have not been demarcated and specified either in the application for grant of occupancy or in the affidavit filed in support of the relief of injunction. ( 3 ) THE power to grant temporary iniunction and to appoint Receivers is conferred on the Land Tribunal under Section 48-C of the Act. Sub-Section (1) of Section 48-C reads thus :"the Tribunal may, when it considers it just and proper and subject to such terms and conditions as it may impose issue interlocutory orders in the nature of temporary injunction or appointment of Receiver concerning the land in respect of which an application is made under Section 48-A. " ( 4 ) IT is quite apparent from the provisions of sub-section (1) of Sec. 48-C that the Tribunal has no jurisdiction to issue an order of temporary injuction or appoint a Receiver concerning a land in respect of which there is no application made under S. 48-A. The order, therefore, is clearly one without jurisdiction. ( 5 ) ACCORDINGLY, this writ petition is allowed. The impugned order of the Tribunal dated 25-5-1976 is herebv quashed. The petitioners are entitled to their costs payable by respondent No. 2. Advocate's fee Rs. 100/- Rule made absolute. --- *** --- .