INDIRA BAI Vs. TAHSILDAR HUBLI TALUK DHARWAD DISTRICT

JUDGEMENT

(1.) IN this writ petition under Articles 226 and 227 of the Constitution of India, petitioners who are mother and son have sought for quashing the order of respondent 2-Additional District judge, Dharwad dated June 21, 1995 in M,a. No. 320 of 1991, Annexure-C is the order and annexure-D is the copy of the decree in appeal. In that appeal under Section 3 of the Karnataka village Offices Abolition Act, 1961 (hereinafter referred to as 'the Act'), respondents 3 and 4 challenged the correctness of the order of respondent 1-Tahsildar, Hubli Taluk, Hubli dated 28-5-1991 in WPA:cr-4 of 1990-91 purported to have been made in exercise of Section 6 of the act, regranting 33-01 acres of land comprised in 5 Survey Numbers 519-A, 519-B, 520, 535/2-B and 536 of Koliwad Village in favour of Narayana Ramachandra Patil, husband of 1st petitioner and father of 2nd petitioner and respondents 5 and 6. By the impugned order dated June 21, 1995 respondent 2 allowed the appeal, set aside the order of respondent 1 dated 28-5-1991 and further directed respondent 1 to regrant the land in question in favour of respondents 3 and 4. Hence this petition.

(2.) HEARD the learned Counsel for the parties and also the learned Government Pleader.

(3.) THIS case has a long history and in order to appreciate the rival contentions urged before me, I feel it desirable and necessary to narrate the said history in detail.