SENNA BEERE GOWDA Vs. TAHSILDAR ARSIKERE TALUK

JUDGEMENT

(1.) Smt. T. N. Manjuladevi, learned High Court Government Advocate, is directed to take notice for respondents 1 and 2.

(2.) Having purchased 1 acre and 2 guntas of land in Sy. No. 128 of Hullekere village, Gandasi Hobli, Arasikere Taluk, Hassan District, under two registered sale deeds from respondents-3 and 4 for valuable consideration on 14-6-1968 and 1-7-1968 respectively, the 1st petitioner became the owner in possession of the said land. The 2nd petitioner is the owner in possession of 24 guntas of land in Sy. No. 128 of the same village having purchased the said land under a registered sale deed dated 8-2-1968 for valuable consideration. The lands stated to be Thalavar (Kuluva- dike) Inam lands. The vendors of the petitioners-1 and 2 are admittedly the holders of village office being Thalavars and they had applied to the Assistant Commissioner, Hassan, for regrant of the lands in their possession inSy. No. 128 of Hullekere Village. The application was filed on 10-2-1968 and the same came to be disposed of on 13-3-1981 regranting the lands as prayed for to the vendors of petitioners-1 and 2. Prior to 1981, the impugned eviction order was passed by the Tahsildar, Arsikerc Taluk, on 11-10- 1979 alleging that the petitioners have been in unauthorised occupation of the lands in question in Sy. No. 128 of Hullekere village to the extent of 1 acre 32 guntas. It is the order passed by the Tahsildar, Arsikere Taluk, on 11-10-1979 directing eviction of petitioners-1 and 2 that has created the cause of action for the petitioners to approach this Court. It is not clear as to when the petitioners received the orders under Annexures 'B' and 'C'. But what is clear is that they have approached this Court on 1-4-1982.

(3.) In the above circumstances, the point for consideration is whether the impugned eviction orders under Annexures 'B' and 'C' are sustainable in law.