KEMPANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is a purchaser of 64 guntas out of 2-15 guntas in S. No. 33 Chikkakadiganahalli, Chikkaballapur Taluk from respondent-3 under two Sale Deeds dated 8-6-1973 and 12-4-1974 and his brother Muniappa. The said lands were attached to the inferior village office held by the Village Officer Muniappa Subsequent to the promulgation of Village Officers Abolition Act the Tahsildar initiated proceedings under Section 7 of the Act and ordered eviction of the petitioner from the lands in question on the ground that he was in unauthorised occupation of the said lands under the provisions of the Village Officers Abolition Act (the 'Act').

(2.) By order dated 31-5-1983 passed by the Tahsildar, Chikkaballapur as per Annexure-B the land bearing Sy. No. 33 was regranted in favour of Smt, Lakshmakka widow of Muniappa and Hanumantharayappa,-respondents 3 and 4. The Tahsildar, in the same Order, made on 31-5-1983, ordered eviction of the petitioner as an unauthorised occupant. This order is challenged by the petitioner in this writ petition.

(3.) It is urged by Sri Padmaraj the learned Counsel for the petitioner by virtue of the ruling this Court in Lakshmanagowda v. State of Karnataka (1981 (1) Kar.L.J. at page 1) case he is entitled to protection of his title and its regulari- sation by virtue of the regrant in favour of his alienors.