PANCHUPPU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution, the petitioner has sought for quashing the order dated 4-6- 1976, passed by the Special Tahsildar for Land Reforms, Jamkhandi, in Case No. KLR-SR-51. Jamkhandi (Annexure-D) and also the order dated 30-9-1981 passed by the Chairman, Land Tribunal, Jamkhandi, bearing No. KLR.SR 12/B/Kadkol (Annexure-E).

(2.) Even though the first order was passed on 4-6-1976 and the second one was passed on 30-9-1981, the petition is filed on 16-7- 1987 nearly after 11 years from the date of the first order and about 6 years from the date of the second order.

(3.) In this case, the relevant tacts are not in dispute. The land in question is Serial No. 41/1, measuring 6 acres 38 guntas, assessed at Rs. 21.16 paise situated at Kadakol village, Jamkhandi Taluk, Bijapur District. The 4th respondent was the landlord of the land in question and as claimed by the petitioners, their father was the tenant. On the coming into force of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as the 'Act') and as amended by the Karnataka Act No. 1 of 1974, the 4th respondent who was in the active military service made an application under Section 15 of the Act for resumption of the land in question after due notice to the 1st petitioner. The application was filed on 30-9-1975. It may also be noticed that the father of the petitioners died on 26-4-1962. The names of the petitioners came to be mutated in the mutation register on 25-6-1962 as per the mutation entry No.1286 produced as Annexure-C. This entry was also certified on 13-7-1962 which fact is also mentioned in Annexure-C. However, the family of the petitioners continued to be joint family. The first petitioner was the kartha of the joint family. In fact, his name was continued in the cultivators column as well as in the other columns as the kartha of the Joint Family. There was a suit filed by the 4th respondent against the 1st petitioner for recovery of arrears of rent in respect of the land in question for the years 1968-69 and 1969-70 in R.R.C.No. 87/80, in the Court of the Additional Munsiff, Jamkhandi. The suit was decreed on 8-7-1971 under Section 42 of the Act. Thus the 1st petitioner continued to represent the joint family and it was against him the decree for arrears of rent was gassed. The notice as required by Section 15 of the Act was issued to, and served on, the 1st petitioner. He appeared before the 3rd respondent in the proceeding initiated under Section 15 of the Act in Case No. KLR.SR. 51 Jamkhandi and also gave the statement. On holding due inquiry, the Special Tahsildar passed an order directing resumption of the land in question on 4-6-1976 (Annexure-D).