LAKSHMANA GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These petitions under Art. 226 of the Constn. have been referred to Division Bench. As they involve many common questions of law, they were heard together and we are deciding them by this common order.

(2.) The petitioner in W. P. No. 7659 of 1979 had purchased a land which formed an emolument attached to a village office (hereinafter referred to as Service Inam Land) after the Karnataka Village Offices Abolition Act, 1961 (hereinafter referred to as the Principal Act) came into force. He has alleged that he had made an application under S. 7 of the Principal Act for grant of that land and that his application has not been disposed of. His grievance is that under S. 7A of the Principal Act his application would abate. He has assailed the constitutionality of the Karnataka village Offices Abolition (Amendment) Act, 1978 (hereinafter referred to as the Amendment Act) .

(3.) The petitioner in W. P. No. 2613 of 1979 claims to be in possession of a Service Inam Land since the year 1964. He has alleged that that land was regranted by the Assistant Commissioner by his order dated 29-5-1973 to the holder of the village office who had, agreed to sell it and that he (the petitioner) had constructed a house in that land. He has impugned the notice issued to him by the Assistant Commissioner asking him to show cause why action should not be taken against him under amended S. 7 of the Principal Act to nullify his purchase and to resume the land.