Karnataka High Court
Henry Fernandes vs The State Of Karnataka on 23 February, 2023
Bench: Alok Aradhe, Vijaykumar A Patil
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WA No. 945 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A PATIL
WRIT APPEAL NO.945 OF 2018 (LR)
BETWEEN:
1. HENRY FERNANDES
S/O INAS ALIAS INGATIAS FERNANDES,
AGED ABOUT 70 YEARS,
2. RICHARD FERNANDES
S/O INAS ALIAS INGATIAS FERNANDES,
AGED ABOUT 70 YEARS,
BOTH ARE REPRESENTED BY THEIR GPA HOLDER
ANITHA FERNANDES
R/AT EMMANUEL HOUSE,
PALMANE DARKASTH,
Digitally SHIRVA VILLAGE & POST,
signed by
MADHURI S UDUPI TALUK - 576 101
Location: High ...APPELLANTS
Court of
Karnataka (BY SRI. S N BHAT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY TO
THE REVENUE DEPARTMENT,
M.S.BUILDING,
BENGALURU - 560 001
2. THE LAND TRIBUNAL
UDUPI TALUK,
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WA No. 945 of 2018
UDUPI - 576 101
REPRESENTED BY ITS SECRETARY
3. DR.NILOPHER B SHEKH
D/O MYMOONA KHAN,
AGED ABOUT 72 YEARS,
R/AT NO.103,
SEETHAMMA COLONY EXTENSION,
TENYAMPET,
MADRAS - 18
4. LINDA FERNANDES
W/O MELWIN FERNANDES,
AGED ABOUT 45 YEARS,
R/AT HALE HITHLU HOUSE,
SHIRVA VILLAGE,
UDUPI TALUK - 576 101
...RESPONDENTS
(BY SRI. B.RAJENDRA PRASAD, HCGP FOR R1 & R2;
SRI. P.M.NAYAK, ADVOCATE FOR R4;
R3-SERVED)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO a) SET ASIDE THE
ORDER PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.NO.38708/2017 AND 4116/2018 DATED 08.02.2018 AND
CONSEQUENTLY SET ASIDE THE ORDERS PASSED BY THE 2ND
RESPONDENT DATED 19.06.2017 IN CASE BEARING
NO.L.R.Y.91-684-TRI-3562/81-82 (W.P.NO.2191/2010) IN
ANNEXURE-E AND ALLOW THIS APPEAL IN THE INTEREST OF
JUSTICE AND EQUITY; b) FURTHER GRANT ANY SUCH OTHER
RELIEF THAT THIS HON'BLE COURT DEEMS FIT TO GRANT IN
THE INTEREST OF JUSTICE AND EQUITY.
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WA No. 945 of 2018
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Sri. S.N.Bhat, learned counsel for the appellants.
Sri. B.Rajendra Prasad, learned HCGP for Respondent
Nos.1 & 2.
Sri. P.M.Nayak, learned counsel for respondent No.4.
This intra Court appeal has been filed against the
order dated 08.02.2018 passed by the learned Single
Judge by which the writ petition preferred by the
appellants has been dismissed.
2. The facts giving rise to filing of this appeal
briefly stated are that the appellants had filed an
application in form No.7 under the provisions of Karnataka
Land Reforms Act, 1961 on 10.08.1974. The application
filed by the petitioner was confirmed by the Land Tribunal
by an order dated 30.09.1981. The appellants thereafter
filed an application on 18.11.2009 seeking amendment of
the order passed by the Land Tribunal.
WA No. 945 of 2018
3. The Land Tribunal by an order dated
19.06.2017 rejected the aforesaid application. The
appellants challenged the said order in a writ petition
before the learned Single Judge. The learned Single Judge
by an order dated 08.02.2018 has inter alia held that the
Land Tribunal has no power to deal with the prayer for
amendment. Accordingly, the order passed by the Land
Tribunal dated 19.06.2017 has been upheld. In view of the
aforesaid factual background, this appeal has been filed.
4. Learned counsel for the appellant submitted
that the appellants had sought amendment of the order
dated 30.09.1981 passed by the Land Tribunal, which is
permissible under Section 48A (6) of the Karnataka Land
Reforms Act, 1961. However, the aforesaid aspect of the
matter has not been appreciated by the learned Single
Judge. On the other hand, learned counsel for the
respondents have supported the order passed by the
learned Single Judge.
WA No. 945 of 2018
5. We have considered the submissions made by
both sides and have perused the records. Section 48-A(6)
of the Act reads as under:
48A(6) The order of the Tribunal under this
section shall be final and the Tribunal shall send a
copy of every order passed by it to the Tahsildar
and the parties concerned.
Provided that the Tribunal may, on the
application of any of the parties, for reasons to be
recorded in writing, correct any clerical or
arithmetical mistakes in any order passed by it.
Provided further that the Tribunal may on its
own or on the application of any of the parties, for
reasons to be recorded in writing correct the extent
of land in any order passed by it after causing actual
measurement and after giving an opportunity of
being heard to the concern-parties.
6. From perusal of the aforesaid Section, it is
evident that the Tribunal has power to correct any clerical
or arithmetical mistakes in the order passed by it.
7. In the instant case, the order was passed by
the Labour Tribunal on 30.09.1981. The petitioner filed an
application seeking amendment of the aforesaid order on
18.11.2009. The application for amendment, from perusal
of the averments made in the aforesaid application, it is
WA No. 945 of 2018
evident that in substance the application is an application
for amendment of the order and not an application seeking
correction of any clerical or arithmetical error. The
appellant in substance wanted incorporation of
Sy.No.488/3 measuring 1 acre 32 guntas of land situated
at Shirva Village, Udupi Taluk.
8. The land Tribunal by an order dated 19.06.2007
has also dealt with the merits of the application and it has
been held that the land bearing Sy.No.488/3 is a dry land
and not covered under the purview of the Karnataka Land
Reforms Act, 1961. The Land Tribunal, therefore, by order
dated 19.06.2017 has rejected the application.
9. No material has been brought on record to
show that the land in question is covered under the
purview of the Karnataka Land Reforms Act, 1961. Even
otherwise in the application, the appellants have not
sought correction of any clerical or arithmetical error in the
order passed by the Land Tribunal.
WA No. 945 of 2018
For the aforementioned reasons, we do not find any
merit in the appeal. The same fails and is hereby
dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
MDS
