DYNA FOODS PVT LTD Vs. FAKIRAPPA

JUDGEMENT

(1.) This Writ Petition is directed against the impugned order of the Tahsildar, Dharwar, who is respondent-3 herein, dated 17-9-1988 resuming the land in question under Ss.5(3) and 5(4) of the Karnataka Village Offices Abolition Act, 1961 and ordering restoration of the land under S. 7(3)(a) of the Act to respondents-1 and 2.

(2.) Arguments were advanced at length by both the learned counsel for the petitioner and respondents-1 and 2. The point which arises for consideration in this Writ Petition is whether the impugned order is justifiable in the facts and circumstances of the case, and whether respondent-3 has acted without jurisdiction.

(3.) The petitioner is a Company represented by its Managing Director by name Ramesh S. Subbaiah Bolar. The land in question measuring 4.06 acres situate in Sattur village in Sy. No. 94/ 1 was originally seth sanadi inam land and was with respondents-1 and 2 as inamdars. After the Act came into force, the land stood resumed to the State Government. In the year 1974, it appears, an order of regrant was made in favour of respondents-1 and 2. Thereafter under a different enactment, the land was permitted to be converted for non-agricultural purpose by an order dated 8-3-1984. Again under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 exemption was obtained in respect of the land in question under S.20 of the Act on 6-7-1985. Ultimately the land was alienated by the original holders in favour of the petitioner-Company on 4-4-1986 preceded by two agreements of sale.