1984 (1) TMI 352

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.... V.S. Malimath, Ag.C.J. 1. After admitting this appeal, with the consent of the learned counsel for the contesting parties, we heard the matter finally today. 2. The first respondent alleges that he filed an application for grant of occupancy rights before the Land Tribunal, Tiptur, under Section 48-A of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as the Act). That appli....

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....nnot be maintained in a writ petition filed under Art. 216 of the Constitution of India challenging the order of the Land Tribunal rejecting the application of the applicant made under S. 48-A of the Act for grant of occupancy rights. 4. The learned single Judge has held that Order XL Rule 1 CPC which provides for appointment of receiver cannot be invoked as a writ petition under Art. 226 of th....

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....Rules, 1977 framed by this Court under Art. 226 of the Constitution, and contended that though the provisions of the C. P. C. are not automatically attracted to a proceeding under Art 226 the provisions of the C. P. C. have been made applicable by the said Rules. R. 39 of the said Rules reads: - "39. Application of the High Court of Karnataka Rules etc., The provisions of the Hig....

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....tters for which no specific provision is made under the said Rules. We have therefore no hesitation in agreeing with the contention of Sri Narayana Rao that the provisions of the C. P. C. have been made applicable to proceedings under Art. 226 to the extent indicated in R. 39 of the said Rules. Hence it follows that the provisions of 0. XL R. I C. P. C. can be availed of in a proceeding under Art.....