CHANDRASHEKARAIAH, J. ( 1 ) THIS writ petition is against the order passed under Section 77-A of the karnataka Land Reforms Act. ( 2 ) THE learned Counsel appearing for the Caveator submits that as against the impugned order passed by the Assistant Commissioner, there is an alternative remedy of appeal under Section 118 of the Act, to the Revenue appellate Tribunal, and therefore, this petition is liable to be dismissed. The learned Counsel for the petitioner submits that as against the order passed under Section 77-A, no appeal is provided under Section 118 of the Act, and therefore, this writ petition is maintainable. ( 3 ) IN order to consider the rival contentions, it is just and necessary to extract Section 118 of the Act. Section 118 (2) of the Act, reads as follows. "118 (2) From every order passed by the Deputy Commissioner or an officer authorised under sub-section (1) of Section 77, the Assistant commissioner or the prescribed authority under Section 83, an appeal shall lie to the Karnataka Appellate Tribunal and the order of the revenue Appellate Tribunal on such appeal shall be final". Section 77-A of the Act, reads as follows. "77-A. (1) Notwithstanding anything contained in this Act, if the deputy Commissioner, or any other officer authorised by the State government in this behalf is satisfied after holding such enquiry as he deems fit, that a person. (i) was immediately before the First day of March, 1974, in actual possession and cultivation of any land not exceeding one unit, which has vested in the State Government under Section 44; and (ii) being entitled to be registered as an occupant of such land under Section 45 or 49, has failed to apply for registration of occupancy rights in respect of such land under sub-section (1) of section 48-A within the period specified therein; and (iii) has continued to be in actual possession and cultivation of such land on the date of commencement of the Karnataka Land reforms (Amendment) Act, 1997. he may grant the land to such person subject to such restrictions and conditions and in the manner, as may be prescribed".
he may grant the land to such person subject to such restrictions and conditions and in the manner, as may be prescribed". From a reading of Section 77-A of the Act, it is clear that power is conferred on the Deputy Commissioner or any other officer authorised by the State government to pass an order granting the land provided the applicant satisfies the conditions enumerated in the said section. The power of the deputy Commissioner is delegated to the Assistant Commissioner by a notification. The order passed by the Assistant Commissioner either by virtue of power delegated to him or as Assistant Commissioner is appealable under section 118 of the Land Reforms Act, to the Karnataka Appellate Tribunal. Therefore, in view of this alternative remedy, writ petition is liable to be dismissed as not maintainable. For the reasons stated above, writ petition is rejected reserving liberty to the petitioner to avail alternative remedy if he is so advised. If the petitioner files a memo for return of the certified copies of the orders produced in this case, the office is directed to return the same. --- *** --- .