B SHIVARAMU Vs. G PUTTASWAMYGOWDA

JUDGEMENT

(1.) the petitioners have sought for quashing the order dated 12-8-1991 passed by the tahsildar, upholding the claim of the villagers regarding the existence of a pathway through their land in sy. No. 206 of bellundagere village.

(2.) the short question that falls for consideration is, whether, in the facts and circumstances of the case, the tahsildar could invoke his powers under Section 103 of the Karnataka land revenue Act, 1964 ('the act' for short) to direct removal of the obstruction of the user of the alleged pathway.

(3.) petitioners are admittedly the owners of 20 guntas of land in sy. No. 206. It appears that a portion of the said land was being used as a pathway by the adjoining land holders. On their complaint, the tahsildar initiated proceedings to investigate regarding the existence or otherwise of the pathway, which is alleged to have been obstructed. Upon hearing the parties, the tahsildar has held that although the village map does not indicate the pathway as passing through the portion of the land belonging to the petitioners, there was enough evidence and material on record, including the report of the surveyor, to show that this land which was originally part of the gomal has such a pathway which is being used by the villagers for a long time. The tahsildar has, inter alia, taken note of the suit for declaration filed by the petitioners in the civil court involving the said question.