G SHIVAMMA Vs. K L SOMASHEKAR

JUDGEMENT

(1.) These petitions though listed for orders, with the constant of the learned Counsel for the parties, are finally heard and disposed off by this order.

(2.) One K.L. Somashekhar, arraigned as respondent in these petitions, aggrieved by the sale of certain immovable property which was subject- matter of re-grant under the Karnataka Village Offices Abolition Act, 1961 (for short, 'the Act'), by his uncles preferred a petition under sub-section (4) of Section 5 of the Act to the Special Deputy Commissioner, Bangalore District, to declare transfer of the land as null and void and forfeit the same and to vest in the State Government. In the said proceeding, the petitioners were arraigned as respondents 1 and 2 respectively, whence the Special Deputy Commissioner registered the petition as Misc. (A) C.R. 3 of 2006-07 passed an order dated 1.6.2009 Annexure- A holding that the petition was maintainable and he had the jurisdiction to entertain the same. Hence, these petitions.

(3.) The petitioner having brought to the notice of the Special Deputy Commissioner, the notification bearing No. RD 415 MV 79 issued by the State Government, in exercise of powers conferred under clause (d) of subsection (1) of Section 2 of the Act and in supersession of the earlier notification dated 16.8.1967, appointing Tahsildars of taluks to perform functions and exercise the powers of the Deputy Commissioner under the Act, in respect of the areas within their jurisdiction, nevertheless, the Special Deputy Commissioner held thus: "Though as at now the powers under Section 5 of the Act are vested with the jurisdictional Tahsildar, since the original re-grant order was made by the Assistant Commissioner, the matter has to be dealt by the higher authority. Hence, since, it is held that this petition/appeal is maintainable before this authority".