CHOWDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) government pleader to take notice for respondent 1 and respondent 2. Writs of cenioran and mandamus have been sought for by the petitioner in this writ petition. 1. Writ of certiorari has been sought in respect of an order dated 30-4-1988 passed in b.c.d.a.c.r. 71/80-81 by the tahsildar, Sri nivasapura taluk. The operative portion of the order reads: writ of mandamus to the tahsildar, Sri nivasapura taluk as not to give effect to his order dated 30-4-1988 passed in inacr/71/80-81 and not to change the khata in favour of one sabjansab.

(2.) few facts to briefly state are:certain claims were made by some persons claiming themselves to be having interest in thoti sainic inam lands attached to the thoti office of kollur village, kasaba hobli, Sri nivasapura taluk. The jurisdictional assistant commissioner by his order dated 6-12-1971 (annexure-e) by virtue of powers conferred under section 5(1) of the Karnataka Village Offices Abolition Act, 1961 regranted certain extent of lands comprised in sy. Nos. 85 and 127, situate in kollur village in favour of three persons by name ramappa, muniswamy and giddappa. In the aforesaid order, it is observed that:-

(3.) aggrieved against the order dated 30-4-1988, the petitioner preferred anappeal before the principal district judge, proceedings numbered as m.a. no. 43 of 1988, who after giving due notices on 20-8-1992 dismissed the appeal filed by the petitioner placing reliance on the ratio decidendi of the case b. Rudraiah v s.n. prahalada rao, reported in 1990(4) Kar. L.j. 170 : ILR 1991 Karnataka 513, the petitioner after exhausting his remedies has invoked the writ jurisdiction of this court challenging the legality of the order dated 30-4-1988, wherein the jurisdictional tabsildar regularised the sale in favour of sabjan sab rejecting the claims of the petitioner.