APPASAHEB TATYASAHEB UGARE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) APPASAHEB Tatyasaheb Ugare and Annas aheb Tatyasaheb Ugare are before me challenging the order dated 30-4-2004 at Annexure-A issued by the Assistant Commissioner, Chikodi, Belgaum District. Petitioner is also seeking a writ of certiorari to quash Annexure-B, the order dated 23-2-2004 passed by the third respondent-Tahsildar, Chikodi.

(2.) FACTS in brief are as under: fourth respondent and his brother are joint owners of the lands. There is no division by metes and bounds in respect of the suit lands. Fourth respondent was working in Army. He retired in 1970. He filed a resumption application. It was dismissed. In 1984, 4th respondent filed an application seeking resumption of lands. Third respondent-Tahsildar rejected the same in terms of the order dated 25-3-1989. Fourth respondent filed as appeal before the second respondent. Second respondent allowed the appeal. He directed the third respondent to take an action under Section 15 of the Karnataka Land Reforms Act, 1961 ("the Act" for short ). The said order was challenged upto the Supreme court and the same was confirmed.

(3.) ACCORDING to the petitioners, respondents 2 and 3 ought to have initiated an enquiry in terms of Section 15 of the Act and ought to have decided and determined as to whether fourth respondent is entitled to recover possession of lands from the petitioners. No enquiry as such was held. Petitioners with these facts are before me.