K S RAMAIAH Vs. TAHSILDAR HOSAKOTE

JUDGEMENT

(1.) The petitioner is a village accountant who was continued under Section 16 (2) of the Mysore Land Revenue Act, 1964. He was a village accountant of Kadugodi village in Hosakote Taluk, Bangalore District. On February 12, 1973, the Tahsildar, Hosakole, issued a memo to Respondent 2 T'himmaish posting him to work as village accountant of Kadugodi and directing him to take charge of the post of the village accountant of Kadugodi from the petitioner. In this writ petition, the petitioner has challenged the said memo.

(2.) The contention ot Sri K. Rama Jois, the learned Counsel for the petitioner is that the petitioner being a village accountant continued under S.16(2) of the Mysore Land Revenue Act, 1964, he is entitled to continue in that post until another person is appointed as village accountant of Kadugodi village by the Dy. Commissioner under sub-sec. (1) of S.16. It was submitted that as Respondent 2 was not appointed by the Deputy Commissioner as village accountant of Kadugodi vilalge he is not entitled to displace the petitioner who is continuing as village, accountant under Section 16 (2) .

(3.) Sri Shantaraju the learned Government Pleader was not able to place before me any order of the Deputy Commissioner appointing Respondent 2 as village accountant of Kadugodi village. It was submitted by him that there is a general order appointing several persons as village accountants in which Respondent 2 has been shown as a Reserve Candidate, and that the Tahsildar has only issued posting orders to the said Thimmiah (Respondent 2) .