SYED BHASHEER AHAMED Vs. STATEFB

JUDGEMENT

(1.) A Division Bench of this Court consisting of the Acting Chief Justice and N. D. V. Bhat, J. while considering W. A. 89 /1991 arising out of the Karnataka Village Offices Abolition Act, 1961 (hereinafter referred to as 'the Act') entertained a doubt whether the two Division Bench Decisions of this Court in Hanumaiah v. State of Karnataka (ILR 1987 Kant 550) and Chikkanarasaiah v. Tirupathaiah (ILR 1989 Kant 1520) lay down the law correctly in view of the decision of the Supreme Court in State of Karnataka v. G. Seenappa (AIR 1992 SC 1531) and G. M. Harkuni v. Tahsildar (AIR 1993 SC 98). The Division Bench also felt that it was necessary to determine whether there was any conflict between the decisions in the cases of Hanumaiah and Chikkanarasaiah on the one hand and the two decisions of another Division Bench of this Court in Adivappa Shivappa Mattur v. Tahsildar (ILR 1990 Kant 879) and G. M. Harkuni v. Tahsildar (ILR 1990 Kant 3020). As the said four decisions of this Court were being interpreted in different ways, the Division Bench was of the view that the matter required consideration by a larger bench. That is how the matter is placed before us.

(2.) The Karnataka Village Offices Abolition Act, 1961 was enacted to abolish the Village Offices which were held hereditarily before the commencement of the Constitution and the emoluments appertaining thereto in the State and to provide for matters consequential and incidental thereto. The appointed date on which the said Act came into force is 1-2-1963. The Act was amended by the Karnataka Village Offices Abolition (Amendment) Act, 1978. The Amendment Act came into force on 7-8-1978. For convenience the Act as originally enacted will hereinafter be referred to as the 'Principal Act' and Karnataka Act No. 13 of 1978 by which it was amended extensively will be referred to as the 'Amendment Act'. The Act was also amended by Acts 8 of 1968, 27 of 1984 and 47 of 1986. The historical background leading to the said enactment can be found in the exhaustive Division Bench Decision of this Court in Lakshmana Gowda v. State of Karnataka (1981) 1 Kant LJ 1.

(3.) Reference to a few of the relevant provisions of the said Act will be necessary and useful. Section 2(n): "Village Office" means every village office to which emoluments have been attached and which was held hereditarily before the commencement of the Constitution under an existing law relating to a village office, for the performance of duties connected with the administration or collection of the revenue/with the maintenance of order or with the settlement of boundaries or other matter of civil administration of a village, whether the services originally appertaining to the office continue or have ceased to be performed or demanded and by whatsoever designation the office may be locally known. Section 2(h): 'Inferior village office' means every village office of lower degree than that of a Patel or Village Accountant; Section 2(e): "emoluments" means (i) lands, (ii) assignments of revenue payable in respect of lands, (iii) fees in money or agricultural produce; (iv) money, salaries and all other kinds of remuneration, granted or continued in respect of, or annexed to, any village office, by the State : Section 2(f) "existing law relating to a village office" includes any enactment, ordinance, rule, bye-law, regulation, order, notification, firman, hukum, vat hukum or any other instrument or any custom or usage having the force of law, relating to a village office, which may be in force immediately before the appointed date; Section 2(c): "Code" means the Karnataka Land Revenue Act", 1964; Section 2(q): "holder of a village office" or 'holder' means a person having an interest in a village office under an existing law relating to such office: Provided that where any village office has been entered in a register or record under an existing law relating to such village office, as held by the whole body of persons having interest in the village office, the whole of such body shall be deemed to be the holder; Section 2(b): "authorised holder" means a person in whose favour a land granted or continued in respect of, or annexed to, a village office by the State or a part thereof has been validly alienated permanently, whether by sale, gift partition or otherwise, under the existing law relating to such village office; Section 2(m):