NBALAKRISHNA HEGDE Vs. KSHANKARA HEGDE

JUDGEMENT

(1.) The point of controversy in this Writ Petition is the propriety of an order of appointment made in respect of the office of the patel of Anjar village, Udipi Taluk, South Kanara District. The last holder of the office, Narayana Hegde, died on the 16th of September, 1956. After his death, the petitioner Balkrishna Hegde, who is a member of his Aliya Santhana family, and the first respondent Shankara Hegde who is the son of deceased Narayana Hegde, were competing applicants for the appointment to the post rendered vacant by the death of Narayana Hegde. The Revenue Divisional Officer by his order dated 10th of September, 1957 appointed the petitioner to the vacant post. Upon appeal by the first respondent, the Deputy Commissioner of South Kanara, set aside the order of the Revenue Divisional Officer and appointed the first respondent to the vacant post. In so appointing the first respondent, the Deputy Commissioner accepted the contention of the first respondent that after the passing of the Hindu Succession Act of 1956, he as the son of the deceased patel is the nearest heir and therefore entitled to the appointment upon the principles of hereditary succession. This order of the Deputy Commissioner was later confirmed by the Revenue Appellate Tribunal.

(2.) In the pleadings as originally presented in this Petition, there was no controversy on the question whether the principles of hereditary succession should or should not apply. Both the parties proceeding on the basis that the principles of hereditary succession could properly be invoked and applied, each of them contended that he should have been determined as the nearer heir in preference to the other.

(3.) It is common ground that in the District of South Kanara to which the Madras Hereditary Village Offices Act, 1895 (Madras Act 3 of 1895) did not apply, the principles of that Act were nevertheless observed and applied as a matter of custom. Accepting that principle there have been resolutions and instructions issued by the Madras Board of Revenue governing the manner of selection of persons for appointment to the hereditary posts of village offices.