SAROJAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought for quashing the impugned orders in Annexures 'A' and 'C and for a direction to the concerned authorities to regrant land in Sy.No. 31 of Kasaba, Kolar, measuring 1 acre 15 guntas in favour of the erstwhile inam holders and for regularisation of the sale of land in favour of the petitioner.

(2.) The material facts are that Sy.No. 31 consisting of 7 acres 31 guntas constitutes Thoti inamthi land. The vendor of the petitioner is Smt.G. Ani Mary who purchased 1 acre 15 guntas of land in Sy.No. 31 under a registered sale deed dated 23-8-1971 executed by respondents-3 and 4 and their father late Selavadi Muniswamy. The claims of the petitioner are in the capacity of purchaser in possession of the land.

(3.) The petitioner herself purchased the identical land in Sy.No.31 from Smt.G. Ani Mary by virtue of a registered sale deed dated 26-11-1971. In the year 1979, the Tahsildar of Kolar Taluk passed an order directing respondent-3 to approach the Assistant Commissioner, Kolar Sub-Division, for regrant of land so that the said respondent could retrieve the land from the alienees. The petitioner preferred a writ petition earlier before this Court in W.P..No.14256 of 1979 questioning the said order and the constitutional validity of the provisions of the Karnataka Village Offices Abolition (Amendment) Act, 1978 ('the Act' for short). Dismissing the writ petition, this Court held that the contention of the petitioner on the validity of the Act was, not tenable and that there was nothing to interfere with the direction of the Tahsildar asking respondent-3 to approach the Assistant Commissioner for regrant of the land and that such a direction would not affect the interest of the petitioner. Thereafter, the Tahsildar took steps to evict the petitioner from the land; but the petitioner pressed for regularisation of sale in her favour. The petitioner's request was rejected and an order of eviction was passed under Annexure-A.