M NANJAPPA Vs. TAHSILDAR ARASIKERE TALUK

JUDGEMENT

(1.) the petitioner in this petition under Articles 226 and 227 of the Constitution of India has sought for quashing annexure-b, the notice of eviction dated 8-5-1981 issued by the tahsildar-lst respondent herein for the reasons set out in the petition.

(2.) by a perusal of the grounds taken in the writ petition, it is seen that the entireargument in support of the writ petition, as against the action taken by the tahsildar revolves around the ruling of this court in Lakshmana Gowda v State of Karnataka and others, 1981(1) KAR. L.J. 1. In other words, based upon the doctrine of feeding the grant by estoppel arising out of section 43 of the Transfer Of Property Act, which came to be considered in lakshmana gowda's case, the petitioner sought to attack the action taken by the tahsildar seeking to evict the petitioner from the land in question.

(3.) it is undisputed that 6-07 acres of land in sy. No. 137 of marasettyhalh village, gandsi hobli, arasikere taluk, hassan district is endowed upon the village office talari of the said village. Therefore the land in question is governed under the Provisions of the Karnataka Village Offices Abolition Act, 1961 hereinafter referred to as the act. There is no doubt about this factor.