NANJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, in this writ petition under Articles 226 and 227 of the Constitution of India, has sought for quashing Annexures 'G', 'H', 'J' and 'L' and for a writ of mandamus directing the Tahsildar, Srinivasapur Taluk (Respondent No. 2 herein) to consider his application for regrant of certain lands in his favour, in accordance with the law.

(2.) A few facts that are necessary for the disposal of this petition are as follows : It is not in dispute that Survey No. 77/2 measuring 2 acres 26 guntas. Survey No. 57/1 measuring 15 guntas and Survey No. 620/79 (extent not known) all situated at Avalakuppa village, Srinivasapur Taluk, Kolar District, are the lands endowed upon the Village Office namely Talavari Office of Avalakuppa. The case of the petitioner is that his father Sri Narayanappa purchased, by two registered sale deeds dated dated 7-10-1967 and 23-10-67 executed by Sriyuths ; Narasimhappa. Gopala Narayanappa and Ramanujappa (Respondents 3 to 6 herein), the holders of the village office, 39 guntas of land in Survey No. 77/2 for valuable consideration. His further case is that eversince the sale in his favour he has been in cultivation and enjoyment of the said land.

(3.) After coming into force of the Karnataka Village Offices Abolition Act, 1961 ('the Act' for short), the Tahsildar, Srinivasapur Taluk (Respondent No. 2) has taken action to issue show cause notice to the petitioner calling upon him to show cause as to why action should not be taken to evict him from the land in question on the ground that the land was sold to him in contravention of the provisions of the Act.