N. VENKATESHAPPA. Vs. MUNEMMA & ORS.

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise out of Judgment and Order dated 27.07.2010 in Regular Second Appeal No.323 of 2008 and order dated 1.06.2011 passed in R.P. No.476 of 2010 by the High Court of Karnataka at Bangalore.

(3.) The Karnataka Village Offices Act, 1961 abolishes village offices which were held hereditarily before the commencement of the Constitution of India. The appointed date under Section 2(a) of the Act is 01.02.1963. Section 4 of the Act abolishes all village offices on and with effect from the appointed date and sub-section (3) of Section 4 stipulates that subject to the provisions of Sections 5, 6 and 7 land annexed to a village office shall stand resumed and be subject to the payment of land revenue as if it were unalienated land or ryotwari land. Section 5 of the Act lays down that the lands so resumed under Section 4(3) of the Act and not falling under Sections 6 and 7 of the Act be granted to the person who were holders of the village offices immediately prior to the appointed date on such payment as prescribed. Sections 6 and 7 of the Act lay down that if the land so resumed is held by an authorized holder it shall be re-granted to such holder on payment of occupancy price as prescribed.