BALASAHEB Vs. TAHSILDAR CHIKODI BELGAUM DISTRICT

JUDGEMENT

(1.) IN this writ petition under articles 226 and 227 of the Constitution of india, petitioners have sought for quashing the order dated 30-8-1996 of respondent 1-tahsildar, chikodi in the district of belgaum in No. Wtn/cr. (53)131 of 1995-96, Annexure-A is the order. Tahsildar, by the said order has directed eviction of the petitioners from the land ad-measuring 8-38 acres in sy. No. 400/1+2 of kurli village in chikodi taluk, old number being 586/1+2 of appachiwadi village and to put respondents 2 to 7 in possession of the said land. This order is made in exercise of the powers under sections 5 and 7 of the Karnataka village offices abolition Act, 1961 (hereinafter referred to as 'the act' ). However, tahsildar has said that this order is subject to the decision in civil suit pending before the civil court.

(2.) IT is undisputed that the land in dispute was attached to the village office of sanadi and one naru sanadi was the holder of this office. He died leaving behind him two sons by name rama and laxmana. Petitioners 1 to 4 and respondents 2 to 7 belong to the branch of rama's family. It appears, laxmana died leaving behind no heirs. Rama had two sons by name appa saheb and vittoba (petitioner 2 ). Appa saheb had three sons by name dadu sindhe, ganapathi sindhe and siddarama, first and 3rd petitioners are the sons of ganapathi sindhe, 4th petitioner is the brother of dadu sindhe. Respondents 2 to 7 are the children and grandchildren of dadu sindhe. It is also undisputed that dadu sindhe attended the services of sanadi enjoying the properties attached to the said village office.

(3.) PETITIONERS contend that in a family arrangement in about the year 1905 property in question was given to the possession of petitioners and certain two other items of lands attached to the village office were given to dadu appa sindhe, his children and grandchildren.