MAHADEVAMMA Vs. SPECIAL DEPUTY COMMISSIONER

JUDGEMENT

(1.) This intra court appeal emanates from an order dtd. 17/4/2021 passed by the learned Single Judge by which writ petition preferred by the appellants has been dismissed.

(2.) Facts leading to filing of this appeal briefly stated are that the Tahsildar by an order dtd. 13/3/2005 directed the entry of the names of the appellants in the revenue records. The aforesaid order was assailed by respondent No.4 in an appeal under Sec. 136(2) of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as the '1964 Act' for short). The Assistant Commissioner by an order dtd. 1/12/2005 inter alia held that lands in question have been alienated by the appellants i.e., regrantees on 26/8/1974. It was further held that in view of law laid down by full bench of this court in SYED BASHEER AHMED & ORS. v. STATE OF KARNATAKA & ORS ,1994 (1) KLJ 385 (FB), the prohibition imposed under Sec. 5(1) of the Karnataka Village Offices Abolition Act, 1961 does not apply to respondent No.4, as alienation has taken place prior to amendment. The Assistant Commissioner allowed the appeal.

(3.) The Deputy Commissioner by an order dtd. 17/6/2010 dismissed the revision and upheld the order passed by the Assistant Commissioner. The orders passed by the Assistant Commissioner and Deputy Commissioner were assailed in the writ petition, which has been dismissed by the learned Single Judge. In the aforesaid factual background, this appeal has been filed.