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1991 DIGILAW 60 (KAR)

DINKAR PANDURANG GOWDA v. LAND TRIBUNAL, BAILBOUGAL

1991-01-23

M.RAMAKRISHNA RAO

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M. RAMAKRISHNA RAO, J. ( 1 ) IN these two petitions, the short question that arises for consideration is whether the application presented under Section 17 of the Karnataka land Reforms (Amendment) Act, 1990 must be supported by an affidavit sworn by the party (petitioner ). ( 2 ) SRI Jayakumar S. Patil and Sri S. K. Joshi,learned counsel appearing for the petitioners, submitted that, at the outset, having regard to the provisions of Section 17 dealing with the pending proceedings and having regard to the circular instructions issued by the High Court, the application filed under Section 17, must be construed liberally and it should not be rejected on mere technicalities that such an application was not in conformity. with Chapters 6 and 7 of the High court Rules, in that applicant (petitioner) had not presented an affidavit sworn by him, along with the application. ( 3 ) IN order to appreciate, the contentionurged by the learned counsel for the petitioners, it is necessary to refer to Chapter 7 of the High court Rules. It reads :"1. All matters not being of an interlocutory character, other than appeals and references, presented to the High Court for the first time shall be designated as Petitions which will be classified as follows :- civil Petitions in civil matters and criminal Petitions in criminal matters, petitions invoking the Court's revisional jurisdiction or powers being called Civil Revision petitions or Criminal Revision Petitions as the case may be. Writ Petitions in cases invoking the High Court's jurisdiction under Article 226 of the Constitution or for issue of directions in the nature of Habeas Corpus under Section 491 of the Criminal Procedure code, (Sales Tax Revision Petitions in cases invoking the High Court's revisional jurisdiction under the Karnataka Sales Tax Act, for the time being in force), and Miscellaneous petitions in cases not falling within any of these descriptions. Rule 2 (1) reads as follows :- "2 (1) Except in cases where it is otherwise provided by these Rules, every petition shall be in the form of a memorandum. The provisions of Rules 2 and 3 of Chapter VI shall apply mutatis mutandis to the form and particulars of the memorandum. " ( 4 ) THEREFORE, we have to fall back to Chaptervi to understand the ingredients of the application. Chapter' VI deals with appeals, sub-rule 2 reads as follows :-"2. The provisions of Rules 2 and 3 of Chapter VI shall apply mutatis mutandis to the form and particulars of the memorandum. " ( 4 ) THEREFORE, we have to fall back to Chaptervi to understand the ingredients of the application. Chapter' VI deals with appeals, sub-rule 2 reads as follows :-"2. Every appeal shall be preferred in the form of memorandum signed by the appellant or his Advocate and shall contain the following particulars:- xx xx xx ( 5 ) THE objection raised by the office is to theeffect that the application in question does not conform to the mandatory requirements of para 1 of the Writ Proceedings Rules. Therefore, let me refer to the relevant provisions dealing with the application in Part I Sub-rule 2 (1), 2 (2) reads as follows : (2) (l) Every petition under Article 226 and/or Article 227 of the Constitution shall be designated as "writ Petition" and shall in form No. I appended to these Rules. (2) Every petition under Article 226 and/or Article 227 of the Constitution shall set forth succinctly, in chronological order and in consecutively numbered paragraphs, all the relevant facts which have given occasion to the petition, the grounds in support of the petition and the relief claimed. ( 6 ) RULE 3 deals with the form and procedureand relevant factors to be referred to in the writ petition. ( 7 ) RULE 5 deals with the application for thepurpose of seeking interim relief, which reads as follows :-"5. Objections to a petition under Article 226 and/or Article 227 of the Constitution and a reply thereto, if filed, and every interlocutory application in a writ petition, shall be in the same manner as specified in Rule 2 to the extent applicable, shall be signed in the same manner as specified in Rule 2 to the extent applicable, in Rule 3 and shall be supported by an affidavit. ( 8 ) IT is in this context, the office pointed outthat the applications must be supported by affidavits. The writ proceedings rules need not be strictly complied with in a case like this in view of the intendment and object of the Amending Act. ( 8 ) IT is in this context, the office pointed outthat the applications must be supported by affidavits. The writ proceedings rules need not be strictly complied with in a case like this in view of the intendment and object of the Amending Act. ( 9 ) FURTHER, it is necessary to refer to the officialmemorandum issued by the Registrar, under the instructions of the Hon'ble Chief Justice with a view to comply with the requirements of Section 17 It reads:"the following instructions are issued to the Section Officers and Officer-in-charge of writ Pending Branches on Judicial side and to follow the same with immediate effect :- 1. All applications, filed under Section 17 of the Karnataka Land Reforms (Amendment) act, 1990, either sent by post or presented to the Court shall be registered as c. Ps. and posted before the Court for orders. 2. Pursuant to orders of the Court calling for records from Appellate Authority the records shall be called forthwith and thereafter records shall be numbered as W. P. or W. A. as the case may be. 3. The records of C. P. , shall thereafter form part of the record of W. P. or W. A. , as the case may be. 4. If the records from the Appellate authority are not called by the Court, the c. P. , shall, after final orders thereon, be consigned to record room. 5. The process fee payable shall be governed by the Rules applicable to writ petitions. 6. The receipt of records form the Land reforms Appellate shall be acknowledged without fail. " ( 10 ) BY a perusal of the language employed inpara 1 of the memorandum, it is seen that all applications filed under Section 17 of the Karnataka land Reforms (Amendment) Act, 1990 either sent by post or presented to the Court"shall be registered as C. Ps. and posted before the court for orders. " ( 11 ) THEREFORE, it is clear that, irrespective ofthe manner in which applications are received either by post or presented to the Court, the moment an application is received, it should be registered as C. P. and posted before Court for appropriate orders. The office is not expected to raise any technical objections on such application. That is the intendment of the Official memorandum. The office has not correctly taken note of the instructions issued in the Memorandum. The office is not expected to raise any technical objections on such application. That is the intendment of the Official memorandum. The office has not correctly taken note of the instructions issued in the Memorandum. ( 12 ) THUS the objection cannot be sustained. Itis overruled. Office is directed to register the applications as C. Ps. aud post them before Court for appropriate orders. --- *** --- .