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2025 Supreme(Online)(Kar) 30485

KARNATAKA HIGH COURT
K.S. HEMALEKHA, J
SRI. MUNIVENKATAPPA SINCE DEAD BY LRs – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
For the Appellants/Petitioners: SRI N.B.N. SWAMY
For the Respondents: SRI B.S. GURUSWAMY, SRI RAVI PRAKASH, SRI MALLIKARJUN N.K., SRI A. SAMPATH, SRI K.K. VASANTH

Table of Content
1. background of land and its re-grant (Para 1 , 2 , 3 , 4)
2. claim to set aside sale deeds (Para 5 , 6)
3. arguments regarding violation of re-grant terms (Para 9 , 10 , 11)
4. issue of delay and laches in claims (Para 12 , 21 , 22 , 26 , 27)
5. effects of kvoa act amendments on transferability (Para 14 , 24 , 25)

ORAL ORDER

Assailing the legality and correctness of the order dated 30.09.2021 in case number VOA/CR/12/2020-21 passed by the Tahsildar-respondent No.2, whereby, the petition filed by the petitioners under Section 5 (4) of the Karnataka Village Offices Abolition Act, 1961 (hereinafter referred to as ‘KVOA Act’ for short) seeking restoration of lands in question was rejected.

2. Brief facts are that, one Muniga alias Pillahallga was the Barawardar of the village office, he was in possession and cultivation of 5 thoti service inam lands situated at Doddathimmasandra, Sarjapur hobli, Anekal taluk as under:

(1) Sy. No.2 measuring 3 acres 22 guntas;

(2) Sy./No.102 measuring 29 guntas; (3) Sy. No.182 measuring 23 guntas;

(4) Sy.No.138 measuring 1 acre 18 guntas and (5) Sy.No.210 measuring 1 acre 1 guntas.

3. After coming into force of the KVOA Act, the village offices

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