NARAYANAPPA Vs. S N M AVADHOOT

JUDGEMENT

(1.) The petitioner in this writ petition has sought for quashing Annexure-D the order made by the Tahsildar on 5-6-1991 for the reasons stated in the writ petition.

(2.) The matter arises in this way:It is undisputed that 19 acres 9 gunt as in Sy. No. 67 situated in the village Kodigarahalli, Macnhenahalli Hobli, Gowribidnur Taluk, Kolar District being inam land was endowed upon the village office, Shanubogh. Therefore, the said land is governed under the provisions of The Karnataka Village Offices Abolition Act, 1961 (for short 'the Act'). According to the observations made by the Tahsildar, Chickaballapur Taluk under Annexure-D and having referred to the barawarth register, the following 10 persons were enjoying portions of the lands referred to above, discharging the duties of the village office: <IMG>JUDGEMENT_672_KANTLJ3_1991Image1.jpg</IMG> Thus the above 10 persons were enjoying their respective portions of the lands before the Act, 1961 came into force. Earlier there was an order made by the Tahsildar on 10-6-1986, regranting these lands. Aggrieved by this order of the Tahsvldar, Miscellaneous Appeal No. 47/1987 was presented by Narayanappa-petitioner herein and M.A. No. 61/1986 was presented by Smt. Puttamma-the 2nd respondent herein before the learned District Judge challenging the correctness of that order. The learned Additional District Judge, Kolar by his order dated 27th October, 1988 (Annexure-A), for the reasons set out in the order allowed the appeals and remitted the matter for reconsideration. The operative portion of this order reads :-

(3.) It appears that during the course of the enquiry by the Vahsildar,Gowribidnur, there was some complaint by certain persons that the Tahsildar, was not following the directions issued by the appellate authority. Therefore, the Deputy Commissioner of Kolar directed that the matter may be transferred to the Tahsildar, Chickaballapur. Accordingly the matter came to be transferred to the Tahsildar, Chickaballapur at the instance of the Deputy Commissioner, Kolar.