K. ASWATIIANARAYANA Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) I have heard Sri Shanth Kumar, on behalf of M/s. Vagdevi Associates, Counsel for the petitioner. This petition is directed against the order dated 26th of Aug., 1983, passed by the respondent 2, the Tahsildar at Annexure-E to the writ petition and petitioner has sought the quashing thereof. He has further sought the issuance of writ of mandamus directing Tahsildar, Chikkaballapur to consider the petitioner's claim for re-grant of land in question bearing No. 137, Agalakurki Village, Nandi Hobli, Chikkaballapur, District Kolar, after affording him opportunity.

(2.) Petitioner's case is that petitioner is the son of one Kunchi Narasimhaiah. The land in question, according to petitioner was service Inam Land attached to then existing office of Shanbhogues. Petitioner's case is that under the provisions of Karnataka Village Offices Abolition Act, 1961, the said office was abolished. The petitioner alleged that petitioner has held the land as a tenant under Shanbhogues concerned, whose names as given in the petition are Surynarayana Rao, (respondent 7) and also his father Venkatasubbaiah. Petitioner alleged that since he held the land as on and immediately prior to the date of vesting, petitioner made claim for re-grant of land in his favour and the proceedings culminated by passing of the final order dated 26-8-1983, making re-grant of the land in favour of the respondents 4 to 8, who are the heirs of Suryanarayana Rao and Venkatasubbaiah, the original office holders of Shanbhogues. Petitioner's case is that the land in question had been transferred by way of lease in favour of the father of the petitioner and he continued to use the land.

(3.) Petitioner in paragraph 2, is no doubt states that for conferment of occupancy rights petitioner was not aware as to the fate of the proceedings, since he has not been served with notice of the order made in the matter, but in paragraph 4, it has been very clearly stated that petitioner has, however, been notified to appear before Tahsildar on 31-8-1983, for enquiry into the claim of re-grant in question vide Annexure-C. Petitioner has averred that on the said date and subsequent dates petitioner made statement, as per Annexure-D to the writ petition and thereafter the order was passed.