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2008 Supreme(Kar) 311
2008 (3) KLO 2466
IN THE HIGH COURT OF KARNATAKA
Ajit J. Gunjal, J.
Writ Petition No.16502/2005(LR)
Vaijanath Rao and Others - Petitioners
Vs.
The State of Karnataka and Others - Respondents
Decided on 5-6-2008
Petitioners: Sri B.S. Muddappa, Adv.
Respondents: Sri S.Z.A. Khureshi, AGA for R1 to R3, Sri P.S. Manjunath & Sri H.C. Shivaramu, for R-4.
Headnote:KARNATAKA CERTAIN INAMS ABOLITION ACT, 1977 - Section 11: [Ajit J. Gunjal, J] Grant of occupancy right - Inam land - Tenant filed application for grant of occupancy right - Occupancy right granted by Tribunal in favour of tenant/applicant - A cross-application filed by another person claiming interest in land in question - Application rejected both by Deputy Commissioner and Appellate Tribunal - Subsequently both the applicant and cross-applicant joined and sold the lands in questions-After nearly twenty years the cross-applicant filed application in Form 7-A under Section 77-A of Karnataka Land Reforms Act claiming interest in a portion of scheduled land - also filed application under Karnataka Certain Inams Abolition Act-Occupancy right granted - This was challenged by purchasers who purchased the land earlier - Held, Earlier application of cross-applicant also joined the tenant in whose favour occupancy right was granted in executing sale deeds. Whatever right cross-applicant had already been transferred in favour of purchasers. Application filed under Karnataka Certain Inams Abolition Act is also beyond time and barred by statute. Tribunal has no jurisdiction to entertain application under Section 77-A of Karnataka Land Reforms Act. Order of Tribunal was set aside.
Ajit J. Gunjal, J.
The petitioners are questioning the order passed by the 2nd respondent, a copy of which is produced at Annexure ‘T’ and also has sought for a writ of mandamus to respondents 1 to 3 to cancel the entries in the Record of Rights relating to Sy. No.67/1 measuring 5 acres 8 guntas of Aliabad village, Taluk Bidar, District Bidar, which is made on the basis of the order produced at Annexure ‘T’.
2. The facts which are germane for the disposal of this writ petition can be summarised as follows:
The land in question is Sy. No.67, which measures 18 acres 17 guntas in total. It is an Inam land. One Smt. Waheedunnisa Begum was a tenant of the said land. She made an application for grant of occupancy rights before the Special Deputy Commissioner (Inams) at Gulbarga. Pursuant to Annexure ‘A’ dated 14.04.1961 an extent of 6 acres and 17 guntas was granted in her favour. The remaining extent of 12 acres and odd also was granted in favour of Smt. Waheedunnisa Begum pursuant to Annexure ‘B’ dated 20.02.1962. The 4th respondent claims to have certain interest questions the order passed by the Special Deputy Commissioner (Inams) before the then Mysore Revenue Appellate Authority (MRAC). The said appeal was allowed and was remanded to the order at Annexure ‘C’, the claim of the 4th respondent for confirmation of occupancy rights was rejected. Incidentally, it is to be noticed that the said order has become final. This is one set of facts.
3. Pursuant to Annexure ‘E’ dated 11.10.1965, Smt. Waheedunnisa Begum sold the entire extent of 18 acres 17 guntas in favour of one John Thomas. The said Smt. Waheedunnisa Begum re-purchased the entire extent of Sy.No.67 pursuant to a sale deed dated 03.11.1971, a copy of which is produced at Annexure ‘F’ incidentally, it is to be noticed that pursuant to Annexure ‘G’ dated 23.03.1978 Smt. Waheedunnisa Begum, respondent No.4-Saida Khatoon and one Sagirunnissa Begum sold an extent of 8 acres 15 guntas in favour of one Smt. Uma Bai, W/o Ranoji. All the three have also sold an extent of 6 acres in favour of NGO’s Housing Co-operative Society pursuant to a sale deed dated 24.05.1977, copy of which is produced at Annexure ‘H’. All the three sold an extent of 2 acres 1 gunta in favour of Abdul Khaleel and Mohd. Abdul Gaffar pursuant to a registered sale deed dated 23.03.1978, copy of which is produced at Annexure ‘J’ another extent of 2 acres 1 gunta was sold by the three i.e., Waheeunnisa Begum, respondent No.4 and Sagirunnisa Begum in favour of one Mohd. Abdul Samad Siddique pursuant to a registered sale deed dated 23.03.1978, copy of which is produced at Annexure ‘K’ The petitioners have purchased an extent of 5 acres 8 guntas pursuant to a registered sale deed dated 09.09.1988 from Smt. Uma Bai, W/o. Rajoji, copy of which is produced at Annexure ‘P’.
4. Respondent No.4 filed an application for grant of occupancy rights in Form No. 1 under Certain Inams Ablition Act. 1977 to the extent of 5 acres 8 guntas. The said application is dated 26.06.1998, a copy of which is produced at Annexure ‘S’ Another application is filed by respondent No. 4 in Form No.7A under Section 77A of the Karnataka land Reforms Act on 26.06.1998. The Land Tribunal took up the application of the 4th respondent for grant of occupancy right in Form No.1 and held that respondent No.4 is entitled for confirmation of occupancy rights. Hence, granted the said application. Copy of the order passed by the Land Tribunal is at Annexure ‘T’. The said order is impugned in this writ petition.
5. Both Mr. B.C.Muddappa and Mr. Shivaramu, learned Counsel appearing for the contesting parties submit that these are the undisputed facts.
6. Mr. B.C.Muddappa, learned Counsel appearing for the petitioners would submit that the application filed by respondent. No. 4 in Form No. 1 under Section 11 of Certain Inams Abolition Act is barred by statute inasmuch as the last date for filing of the application was 31.03.1991. He further submits that
