9911796707
TMI Blog2005 (4) TMI 616X X X X Extracts X X X X X X X X Extracts X X X X ..... vires by the High Court by its judgment dated 24.4.1992. The order in the instant case was passed by the Tribunal on 8.6.1994, much after the Amending Act of 1979 ,was declared to be ultra vires. Civil Appeal No.5687 of 1999 is directed against the judgment and order of the High Court dated 24.4.1992 in which Petition No.7230 of 1979, whereby the Amending Act of 1979 was declared ultra vires in its entirety. The relevant facts may be briefly noticed. There were two Acts in the State of Karnataka namely Mysore (Personal and Miscellaneous ) Inams Abolition Act, 1954 (Act 1 of 1955) which related to abolition of personal Inams and Mysore (Religious and Charitable ) Inams Abolition Act., 1955 (Act No.18 of 1955) which related to the abolitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... msthanam, and the question as to the validity of the Amendment Act was left open to be considered in an appropriate case. Thus, the Amendment Act of 1979 which was declared to be ultra vires by the High Court of Karnataka continued to be so since this Court did not set aside the said declaration of the Karnataka High Court. The appellant before us in both the appeals claimed occupancy right in respect of lands situated in village K.G.Byaderahalli. It is not necessary to narrate the detailed facts relating to the various disputes that arose, and we may only notice that ultimately when the matter came up before the Land Tribunal, the Tribunal by its order of June 8, 1994 granted occupancy right in favour of the appellant and his brother. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the dispute before the High Court in the Writ Petitions preferred by the Kudil Sringeri Maha Samsthanam, related to religious and charitable Inams and, therefore, in that context, the provisions of the Amendment Act of 1979 relating to the amendment of Mysore Act 18 of 1955, relating to abolition of religious and charitable Inams were challenged. In the Writ Petitions filed by the aforesaid Kudil Sringeri Maha Samsthanam, the validity of Mysore Act 1 of 1955 which was amended by Section 2 of the Amendment Act of 1979 was not in question. Yet, the High Court declared the entire Amendment Act to be ultra vires which was wholly unnecessary. In this context, he relied upon the decisions of this Court to the effect that in exercise of writ juris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ough the State came up in appeal before this Court, the appeal was disposed of without going into the question of the validity of the Amendment Act of 1979. That was left open to be considered in an appropriate case. He further submits that in these appeals that question may be gone into and decided. He, however, submitted that the appellant is not interested in challenging the validity of the Amendment Act in so far as it amends the Mysore Act 18 of 1955 because his appeals do not relate to religious or charitable Inams. His case being one relating to personal Inam, is governed by Mysore Act 1 of 1955 as amended by the Amendment Act of 1979. Since the validity of Mysore Act of 1 of 1955 was not in issue in the Writ Petitions filed by the K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Tribunal, after the Amending Act of 1979 came into force and till the same was struck down by the High Court, were saved by applying the de facto doctrine, if the judgment and order of the High Court is set aside today, it may unsettle the settled position. Many claimants may have acted on the basis that the Amendment Act was invalid and, therefore, the jurisdiction was retained by the Deputy Commissioner. We are aware of the consequences that may follow, but we feel that in a case of this nature the doctrine of stare decisis be invoked to avoid unsettling the settled position. This principle has been invoked by this Court in several decisions including Mishra Lal (Dead) byLrs. vs.Dhirendra Nath (Dead) by Lrts. and others, (1999) 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in his jurisdiction, the said orders will not be affected by this judgment and are saved. But from today onwards, the jurisdiction shall be exercised by the Land Tribunal, including the matters pending before the Deputy Commissioner. This, however, will not prevent the parties from challenging the vires of the Amendment Act of 1979 in so far as it relates to Mysore Act 1 of 1955. However, we should not be understood to have expressed any opinion on the merit of the cases, nor on the validity or invalidity of the other provisions of the Amendment Act 1979 (Act 26 of 1979) or Mysore Act 1 of 1955. The appeals are accordingly allowed and the impugned judgment and order in Writ Appeal Nos.5678, 5580 and 5622 of 1996 is set aside and the matt ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
