GUNDU Vs. ASSISTANT COMMISSIONER BELGAUM

JUDGEMENT

(1.) in this writ petition under articles 226 and 227 of the Constitution of india, the petitioner has questioned the legality and correctness of the order of the assistant commissioner-first respondent herein at anncxure-h. He has sought for quashing the same for the reasons set out in the writ petition. He has also sought for a direction to restore the order passed by the assistant commissioner on 21-8-1972 and that of the learned district judge on 6-3-1974 (annexures c and d respectively).

(2.) a few facts that are necessary for the disposal of this writ petition are as follows:

(3.) sy. No. 17, measuring 10 acres, 3 guntas situated in all ehol village inkhanapur taluk, belgaum district is endowed upon the village office, viz., Shet sanadhi of the said village. Therefore, the said land is governed by the Provisions of the Village Offices Abolition Act of 1961 (hereinafter referred to as 'the act') and by virtue of Section 4 of the act; the land stood resumed to the state; subject to the Provisions of sections 5,6 and 7 relating to regrant.