ADIVEPPA SHIVAPPA MATTUR Vs. TAHSILDAR SHIRAHATTI

JUDGEMENT

(1.) This writ appeal is filed against the order passed in W.P.No 10053/ 1983. In the writ petition, the petitioners (appellants herein) sought for quashing the order dated 30th March 1982 passed by the Tahsildar, Shirahatti in WIN. PSR. 74. That order was passed in the purported exercise of the power under clause (b) of subsection (3) of Section 7 of the Karnataka Village Office Abolition Act, 1961 as amended by Karnataka Act No. 13/ 1978 (hereinafter referred to as the 'Act'). The learned Single Judge has dismissed the writ petition on the ground that as the regrant proceeding is pending, the petitioners are not entitled to protect their possession. The learned Single Judge hasalso followed his earlier decision dated 24-7-1985 in W.P.Nos. 15040 and 15041/1981. The reasoning of the learned Single Judge is that the pendency of the regrant proceedings cannot be pleaded as a just cause to obstruct the summary eviction under Rule~5A(iii) of the Karnataka Village Offices Abolition Rules.

(2.) The undisputed facts of thecase are : That the land in question is S.No. 24/2B of Amarapur village, Shirahatti Taluk, Dharwad District, measuring 4 acres. It is a Patilki Inam land. Thus it is governed by the provisions of the Act. Respondents-2 and 3 are the holders of the village office to which the land in question was assigned. Respondents-2 and 3 sold the land in question to the appellants under a registered sale deed dated 15~ 2-1973. Even prior to the sale, occupancy price was paid into the State Treasury. An application for regrant of the land in question was also filed. It is not in dispute that the said application is still pending and it has not been disposed of. On these facts, the learned Single Judge has held that a mere pendency of an application for regrant does not amount to 'just cause', therefore, summary eviction cannot be permitted.

(3.) A Division Btnch of this Courtin N H. Ramachandraiah v State of Karnataka and others (W.A. No. 2020/ 1985 D.D. 2 8-1988) has held as follows :