STATE OF KARNATAKA Vs. YELLAPPA HANAMAPPA ARASAL

JUDGEMENT

(1.) The State of Karnataka has filed this Writ Petition challenging the order passed by the Tahsildar, Parasgad Taluk dated 29-2-1980, which is affirmed on appeal by the learned District Judge, Belgaum in Appeal No. 17 of 1980.

(2.) A few facts that need mention are as follows : Land bearing Block No. 233 measuring 6 acres 12 guntas (1/3rd share) of Hulikatti village, Saundatti Taluk, is a Talwarki Inam land. As a consequence of the abolition of village offices, the inam land stood vested in the State Government on 1-2-1963. Though the holder of the inam land made an application for re-grant, there is no dispute that there is no order of re-grant in favour of the holder of the office. On 5-4-1973 the land has been sold in favour of the 1st respondent. The Tahsildar initiated proceedings for summary eviction under Section 7 of the Karnataka Village Offices Abolition Act. In those proceedings, it was contended by the 1st respondent that notwithstanding the fact that there is no re-grant order in favour of the holder of the inam office, yet he is entitled to the regrant as per Section 7 of the Act which stood before 7-8-1978.

(3.) Section 7 of the Karnataka Village Offices Abolition Act, as it then stood, reads thus :