NARAYANA PAI C. J. ( 1 ) THE six petitioners in these cases were hereditary Shanbhogues working in various villages of Chickmagalur Taluk, who after the abolition of the hereditary principle continue to hold the office by virtue of sub-sec. (2) of S. 16 of the Mysore Land Revenue Act, 1964. They were sought to be replaced by persons appointed under a common order dated 29th June, 1970, made by Sri P. Puttarangapppa, who has signed the same as Deputy Commissioner I/c, Chickmagalur District. The letters 'i/c' are known abbreviation for the expression 'in charge' which by common usage, connotes that the officer who has signed the order was not himself the Deputy Commissioner but one in charge of the Office of the Deputy Commissioner. ( 2 ) THE case of the petitioners that the said officer in charge of the position of Deputy Commissioner was not competent to appoint persons as Village Accountants and that therefore the petitioners could not be relieved of their position as Village Accountants, turns upon the language of S. 16 of the Land Revenue Act. We therefore give below a full copy of both the sub-secs. (1) and (2) of S. 16 of the Land Revenue Act, 1964. "16. Village Accountant - (1) The Deputy Commissioner may, subject to the general orders of the State Government and the Divisional commissioner, appoint a Village Accountant for a village or group of villages and he shall perform all the duties of a Village accountant prescribed in or under this Act or in or under any other law for the time being in force, and shall hold office under and be governed by such rules as may be prescribed. (2) Persons holding the office of a Village Accountant for a village or group of villages immediately prior to the commencement of this Act shall be deemed to be Village Accountants for such village or group of villages till another person is appointed under sub-sec. (1 ). " ( 3 ) AS already stated, the petitioners had continued to hold the office of Village Accountant by virtue of provisions of sub-sec. (2) of the Act. By the aforesaid sub-section they are entitled to continue till another person ia appointed under sub-sec. (1) of the Act. The appointment under sub-sec. (1) is an appointment which can he made by the deputy Commissioner. (2) of the Act. By the aforesaid sub-section they are entitled to continue till another person ia appointed under sub-sec. (1) of the Act. The appointment under sub-sec. (1) is an appointment which can he made by the deputy Commissioner. ( 4 ) HENCE the sole question is whether the person who has signed the order could in the circumstances be regarded as a Deputy Commissioner with the competence of making an appointment of Village Accountants under sub-section (1 ). ( 5 ) THE counter affidavit filed on behalf of the State by an Under secretary to the Government in the Revenue Department, gives the following information"one Shri S. Venkatesh, was the Deputy Commissioner of chickmagalur District. In June 1970 be was transferred, from his position as such Deputy Commissioner to Bangalore to work as Director of Employment and Training. In his place Shri A. B. Datar, was appointed as Deputy Commissioner Pursuant to the order of transfer mr. Venkatesh handed over charge on the 24th of June 1970 to Mr. P. Puttarangappa Mr. Datar, took charge as Deputy Commissioner, on or about 20th of July 1970. " ( 6 ) ON these facts it is clear that Mr. Puttarangaappa was not himself the Deputy Commissioner when he signed the order of appointment in these cases. On the 29th of June. 1970 it would appear he was the seniormost assistant Commissioner at the head-quarters of the District. The learned Counsel therefore depends upon sub-sec. (2) of S. 14 of the Land revenue Act, for the proposition that in the circumstances mentioned above Mr. Puttarangappa must be deemed to be a Deputy Commissioner under the Act. The said sub-section reads as follows:"14 Officers to discharge duties durirg temporary vacancy.- x x x x x (2) If the Deputy Commissioner is disabled from performing his duties or for any reason vacates his office or leaves his district or dies, the Special Deputy Commissioner, if any, or in his absence, the Seniormost Assistant Commissioner at the district head-quarters shall, unless other provision has been made by the State Government, succeed temporarily to his office, and shall be deemed to be the Dy. Commissioner under this Act. until the Deputy Commissioner resumes charge of his district, or until the State Government appoints a successor and such successor takes charge of his appointment. Commissioner under this Act. until the Deputy Commissioner resumes charge of his district, or until the State Government appoints a successor and such successor takes charge of his appointment. " ( 7 ) NOW before either a Special Deputy Commissioner or a Seniormost assistant Commissioner at District head-quarters can succeed temporarily to the office of the Deputy Commissioner under this sub-section, two conditions must be satisfied Firstly, the Deputy Commissioner must be away from the District for any of the reasons mentioned in the subsection. Secondly, the State Government has not made any other provision in that regard ( 8 ) IT was argued on behalf of the petitioners that the contingency of a Deputy Commissioner leaving the District upon an order of transfer, is not within the scope of any of the reasons set out for his absence from the district in the sub-section ( 9 ) MR. Puttaswamy, the learned Government Pleader says that the expression 'for any reason vacates his office' would comprehend a situation arising on the transfer of a Deputy Commissioner from the district. ( 10 ) BOTH the views set out above have equally good reasons in their support. But, it appears to us that what is more decisive is the terms in which the second condition is set out in the sub-section ( 11 ) IT will be seen that what the sub-section provides for is a temporary succession to the office of the Deputy Commissioner by one or the other of the other officers named therein, but such a temporary succession can take place only if other provision has not been made by the state Government. The other provision clearly means other provision for succession to the office If, therefore, the State Government makes an order transferring one person from his position as Deputy Commissioner of a District and appoints another person to be Deputy Commissioner in his place, the very order provides for the succession, namely, that the second named person appointed to the vacated post is to succeed the first named person who has been transferred. ( 12 ) ACCORDING to the facts set out in the counter affidavit summarised above when Mr. Venkatesh was transferred from Chickmaglur, mr. A. B Datar was appointed in the place vacated by Mr. Venkatesh. ( 13 ) SUCCESSION to Mr. ( 12 ) ACCORDING to the facts set out in the counter affidavit summarised above when Mr. Venkatesh was transferred from Chickmaglur, mr. A. B Datar was appointed in the place vacated by Mr. Venkatesh. ( 13 ) SUCCESSION to Mr. Venkatesh, having been clearly provided by the State Government itself, temporary succession to his office as provided in sub-sec. (2) of S. 14 does not take place ( 14 ) THE result therefore, is, Mr. Puttarangappa, who made the order of appointment, cannot be deemed to be Deputy Commissioner under the land Revenue Act, on the date he made the order. The petitioners, therefore, are entitled to claim that the appointments made under the said order are legally ineffective for terminating their continuance in the office of Village Accountants held by them by virtue of sub-sec. (2) of section 16. ( 15 ) WE, therefore, allow these writ petitions and make a declaration that the petitioners continue to hold the office of Village Accountant by virtue of sub-sec. (2) of S. 16 of the Land Revenue Act, 1964 and will continue to hold so until a valid appointment is made under sub-sec. (1) of Section 16 of the Act. In each of these cases parties will bear their own costs. --- *** --- .