HANUMAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These petitions have come up before us on a reference made by Murlidher Rao, J, by his order dated July 30, 1985.

(2.) Is order to appreciate the question raised in these petitions, it is necessary to state the material facts giving rise to these Writ Petitions. The petitioners are purchasers of certain extent of land in S Nos. 2 and 76 of Sulakunta village, Chikkaballapur Taluk, Kolar District. It is not disputed that these lands were attached as emoluments to the inferior village offices under the Mysore Village Offices Act, 1900, which stood abolished on and with effect from February 1, 1963, and consequectly the said lands vested in the Stats Government. The sales in favour of the petitioners are dated 12-3-1968. 20-9-1967 and 23-6-1969, which are undoubtedly made after the coming into force of the Karnataka Village Offices Abolition Act, 1961 (the Act) and before the amending Act came into force i.e. 7-8-1978.

(3.) The Tahsildar initiated proceedings under Section 7 of the Act for summary eviction of the petitioners. By his order dated 14-6-1982 the Tahsildar regranted the lands in favour of the alienors i.e., the vendors of the petitioners, and directed eviction of the petitioners under Section 7 of the Act. It is the validity of this order that is challenged by the petitioners. Various contentions were raised before the learned Single Judge. Upon hearing the parties, the learned Single Judge has referred the matter to the Division Bench for consideration of the following question :