MUNISWAMAPPA Vs. STATE

JUDGEMENT

(1.) The petitioners in these Writ Petitions have sought for a Writ of Certiorari to quash the notices (Annexures C and D) issued by the Tahsildars, respondents 2 and 3 respectively. They have also sought for a Declaration that the Karnataka Village Offices Abolition (Amendment) Act, 1978 (Act No. 13 of 1978) is invalid.

(2.) The facts of the case briefly stated as follows:The undisputed facts as disclosed from the pleadings and the impugned orders are that Sy. No. 144 measuring 27 guntas situate in Hebbiri village, Chintamani Taluk and Sy. Nos. 88 and 7 measuring 9 and 13 guntas respectively situate in Kotaballapalli village, Nelavanki Hobli, Srinivasapura Taluk, Kolar District, are endowed upon the Village Offices viz., Shanbogk and Niranti and that therefore these lands are governed under the Karnataka Village Offices Abolition Act, 1961 (hereinafter called the Act).

(3.) It is also not in dispute that petitioner-1 Muniswamappa purchased land in Sy. No. 144 under a registered sale deed dated 10-5-1975 and similarly petitioner-3 Smt. Lakshmamma purchased lands in Sy. Nos. 88 and 7 under a registered sale deed dated 5-8-1968. However, pahanies are written in the name of Papakka, daughter of Lakshmamma and therefore the impugned orders are passed against petitioner-2 Papakka. It is the case of the petitioners that eversince the date of sale, they are in possession and enjoyment of the said lands.