S.R. MAVARAPPA GOWDA & ORS. Vs. M.G. PARAMESHWARAPPA ALIAS M.G. PARAMESHWARAPPA GOWDA PATEL RANGA & ORS.

JUDGEMENT

(1.) Heard the learned Counsel for the parties and perused the record. The matter lies within a short compass.

(2.) The Tahsildar, Bhadravathi Taluk having received applications for re-grant of several lands under the Karnataka Village Offices Abolition Act, 1961 ('the Act' for short), conducted common enquiry and passed an order of re-grant dated 30.06.1984. The said order was assailed by filing an appeal, under Sec. 3(2) of the Act, before the District Judge, Shivamogga in M.A. Nos. 96/1984 and 97/1984. By a Judgment dated 11.09.1990, appeals were allowed in part and impugned order set aside and the case was remanded. The Tahsildar after holding enquiry passed an order dated 10.08.1982. The order was challenged before the District Judge, Shivamogga in M.A.N o. 21/1992 and by a Judgment dated 11.06.1996, the appeal was allowed and impugned order set aside and the case was remanded. The Tahsildar having passed a re-grant order on 25.05.2006, M.A. No. 9/2006 was filed before the District Judge, Shimoga. By a Judgment dated 24.01.2011, appeal having been allowed and the case again remanded to the Tahsildar to hold fresh enquiry by affording sufficient opportunity to both parties and decide the entitlement of the parties to the re-grant under Sec. 6 of the Act, this writ petition was filed to quash the judgment as at Annexure-N.

(3.) The Village Offices Abolition Act was enacted by the Karnataka Legislature by finding the expediency in public interest to abolish the Village Offices which were held hereditarily before the commencement of the Constitution and the emoluments pertaining thereto and to provide for matters consequential and incidental thereto.