ARASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is the brother of 3rd respondent's mother late Smt.Arasamma is before this Court for a writ of certiorari to quash the impugned order dated 19.06.2015 made in M.A.No.114/2006 on the file of the I Addl. District Judge, Bengaluru Rural District, Bengaluru, as per Annexure-A and also quash the order dated 03.04.1996 passed by the 2nd respondent in No.HOA.CR.33/1991-92, as per Annexure-B and to issue a writ of mandamus and remanding the matter to the 2nd respondent to hold enquiry afresh with regard to re-grant of the lands in question, in accordance with law.

(2.) It is the case of the petitioner that Sy.No.23 measuring 1 acre 7 guntas, Sy.No.79 measuring 7 acres 16 guntas of Addevishwanathapura village, Hesaraghatta Hobli, Bengaluru North (Addl.) Taluk, Bengaluru Taluk, are Thalawar service inam lands of the said village under the provisions of the Karnataka Village Offices Abolition Act, 1961, ('KVOA Act' for short).

(3.) According to the petitioner, one Muniyappa @ Kunta Thalawarappa was the original barawardar of Addevishwanathapura village and he was serving the inferior Thalawar village office of Addevishwanathapura village and enjoying the lands in question as emoluments in lieu of the service rendered to Thalawar office till his death. After the death of Muniyappa @ Kunta Thalawarappa, his son i.e., the petitioner succeeded to the job of Thalawar and continued to enjoy the possession and enjoyment of the said lands.