MONAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, order of the Tahsildar Gulbarga Taluk (respondent 2) made on 28-4-1980 in case No. REV. KVOA. 79-80/123 (copy of which is produced as Annexure A), has been impugned.

(2.) By that order, the land measuring 8 acres 15 guntas in Survey No. 40 of Keribhoska, pulba!ga Taluk, which was a former service inam land, -has, been forfeited to the State, and the petitioner, who was in possession and enjoyment of the same, is directed to. be evicted from that land.

(3.) Mr. J. V. Hulsoor, learned'- Counsel for the petitioner, contended that from the order impugned in -the writ petition itself,, it is disclosed that the land purchased by the petitioner from Thippanna (respondent 3) was regranted to the latter under the provisions of the Karnataka Village Offices Abolition Act; 1961 (to be referred to as the Principal Act), by an order dated 12-2-1969 of the Assistant Commissioner in Case No. REV. KVOA. 249/68, on his file, and that hence, the petitioner was entitled to obtain regularisation of the sale in his favour on payment of 15 times the assessment payable under Section 5(3) of the Principal Act as is held by a Division Bench of this Court- in Laxman Gowda (W. P. No. 2613 of 1979* and other connected writ petitions). The contention -of Sri J. V. Hulsoor in my view should be upheld.