LAWS(KAR)-2009-10-63

STATE OF KARNATAKA REPRESENTED BY REVENUE SECRETARY AND THE ASSISTANT COMMISSIONER, BANGALORE SOUTH SUB-DIVISION Vs. SRI KUMARAN CHILDRENS HOME EDUCATIONAL COUNCIL - A SOCIETY INCORPORATED UNDER THE PROVISIONS OF THE KARNATAKA SOCIETIES REGISTRA

Decided On October 23, 2009
State Of Karnataka Represented By Revenue Secretary And The Assistant Commissioner, Bangalore South Sub -Division Appellant
V/S
Sri Kumaran Childrens Home Educational Council - A Society Incorporated Under The Provisions Of The Karnataka Societies Registra Respondents

JUDGEMENT

(1.) THIS petition is Died against the order passed in appeal No. 363 of 2002 dated 2/9/2002 passed by the Karnataka Appellate Tribunal, Ban galore and the petitioner herein sought for quashing the same.

(2.) FACTS of the case as narrated by the petitioner are as under:

(3.) THE petitioners submit that the Respondent No. 1 is an educational institution. On the date of commencement of the Land Reforms Act and Section 79 -B of the Act, no person other than a person cultivates the land personally shall be entitled to hold the lands. But in the instant case, the respondent No. 1, which is an educational institution should have obtained prior permission from the Government Under Section 109 of the Karnataka Lard Reforms Act. Hence the respondents have violated Section 109 of the Act. This aspect has not been dealt with by the Appellate Tribunal. Therefore, the petitioners have sought to quash the impugned order passed by the appellate tribunal.