C. RAJAMALLAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra court appeal arises out of judgment dtd. 13/2/2009 passed by learned Single Judge by which the writ petition preferred by the appellants has been dismissed and order dtd. 31/8/2006 passed by the Karnataka Appellate Tribunal (hereinafter referred to as 'the Tribunal' for short), upholding the sale proclamation dtd. 22/3/2006 issued by Tahsildar, Mandya, has been upheld.

(2.) In order to appreciate the grievance of the appellants, relevant facts need mention. Late C.Rajamallaiah (hereinafter referred to as 'the Contractor' for short) was father of the appellant and was an excise contractor who had purchased rights to sell toddy in retail in Mandya District. The Contractor was in arrears on account of monthly rentals amounting to Rs.57,06,350.00 with interest during the year 1982-83 and 83-84. The Deputy Commissioner passed an order on 22/11/1984 directing recovery of the aforesaid amount along with interest. The Contractor challenged the order passed by the Deputy Commissioner in a writ petition viz., W.P.No.17754/1983 in which an interim order of stay was granted. The said writ petition was dismissed by an order dtd. 31/5/1985 and the order passed by the learned Single Judge was upheld by a division bench of this court in a writ appeal.

(3.) The Tahsildar, Mandya issued a notice on 15/3/1988 for recovery of arrears of rentals as arrears of land revenue. Thereupon the son of the Contractor filed a suit viz., O.S.No.149/1988 seeking the relief of permanent injunction. In the said civil suit, an interim order of injunction was passed on 19/4/1988. The said civil suit was dismissed on 7/2/1994 and the judgment and decree passed by the trial court was upheld in an appeal vide judgment and decree dtd. 19/9/1998 passed in R.A.No.94/1994. The aforesaid judgment and decree was upheld by learned Single Judge of this court in RSA No.30/1999 vide judgment and decree dtd. 1/3/1999.