GURUPUTRAPPA MALLAPPA HARKUNI Vs. TAHSILDAR BAILHONGAL

JUDGEMENT

(1.) I.A. II is allowed. Delay in filing the application is condoned. I.A. III is allowed. The order dated 28-2-1990 is re-called, writ appeal is restored. It is also heard for final disposal. This appeal is preferred against the order dated 7th November, 1985 passed in Writ Petition 11238 of 1984. The appellant was the petitioner. The respondents in this appeal were also the respondents in the Writ Petition. Therefore, in this appeal, the appellant will be referred to as the petitioner.

(2.) In the writ petition the petitioner sought for quashing the order dated 23-6-1984 passed by the Tahsildar, Bailhongal in WTN/Misc/SR-197. By the aforesaid impugned order, the Tahsildar held that the alienation of the land bearing Survey No. 187/2, measuring 13 acres 21 gunlas situated at Anigoal village governed by the provisions of the Karnataka Village Offices Abolition Act, 1961 (hereinafter referred to as the 'Act') made on 4-12-1982 under a registered sale deed was invalid, inasmuch as, it was opposed to the provisions contained in sub-section (3) of Section 5 of the Act and as such the transferee was liable to be evicted as an unauthorised occupant of the land. Accordingly, he declared the alienation as invalid and directed the Revenue Inspector, Bailhongal to obtain possession of the land immediately from the petitioner and further directed the petitioner to vacate the land in question and hand over possession of the same to the Revenue Inspector.

(3.) The learned Single Judge held that the alienation effected in favour of the petitioner on 4-12-1982 was invalid because, it was opposed to the provisions contained in sub-section (3) of Section 5 of the Act as amended by Act No. 13 of 1978. Accordingly, confirmed the order of the Tahsildar and dismissed the writ petition.