MOORTHAPPA GOVINDAPPA Vs. DYAMAPPA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners, the learned HCGP and the learned counsel appearing for private respondents.

(2.) The petitioners are before this Court being aggrieved by the order dated 22.8.2017 passed by the I Addl.District and Sessions Judge, Davanagere dismissing MA No.22/13 vide Annexure-J.

(3.) The facts in a nutshell are that; the petitioners claimed to be the legal heirs of the office holders of Thoti Inam. That the land comprised in Sy.No.36 measuring 18 acres 28 guntas of land of Kokkanuru Village, Malebennur Hobli, Harihara Taluk, is a 'Adikarnataka Service Inam' and that the Assistant Commissioner-second respondent herein has passed an order dated 30.4.1970 under which he has been pleased to pass an order re-granting the land comprised in Sy.No.36 in favour of the first respondent. That the order of re-grant is illegal and contrary to the provisions of the Act and that the order of re-grant can be made only in favour of the office holders or their legal representatives and that the petitioners being the legal representatives of the office holder, the order of re-grant ought to be made in favour of the petitioners.