KALEGOWDA Vs. TAHSILDAR KANAKAPURA

JUDGEMENT

(1.) Though this matter was posted in 'B' Group, by consent of the parties it was taken up for final hearing.

(2.) The petitioner in this petition has challenged the validity of the order dated 30th November 1978 passed by 'the Tahsildar, Kanakapura taluk, in Case NO. HOA. 795 of 1976-77 holding that the debt under the mortgage executed by Respondents 2 and 3 mortgaging, the land Sy.No. 575/5 of Morale village, Kanakapura taluk stood extinguished. The impugned order has been passed by the Tahsildar under the provisions of the Karnataka Debt Relief Act, 1976 (hereinafter referred to as 'the Act ),

(3.) The Tahsildar has not been empowered to pass an orther under any of the provisions of thq Act. It is (the Sub-Divisional Magistrate or any Other Executive Magistrate authorised by the State Government in this behalf have been invested with the powers under the Act. Though the Tahsildar of the taluk may also be the Taluka Executive Magistrate, but under the provisions of the Act, it is only such executive, Magistrate who is authorised by the State Government in this behalf alone has the jurisdiction to exercise the powers under the Act. Though the Tahsildar in the instant case, might have been the Executive Magistrate authorised to exercise the powers under the Act, but the impugned order has not been passed by the Tahsudar as Executive Magistrate but it has been passed as, Tahsildar. The same officer may be invested with (the powers of more than one office but while exercising the powers performing the duties and discharging the functions of the particular office, he must no it in that capacity and not in any other capacity. In the instant case, the Tahsildar has functioned as Tahsildar and not as Executive Magistrate, As such the impugned order is invalid and is liable to be quashed on this ground alone.