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2008 Supreme(Kar) 791
IN THE HIGH COURT OF KARNATAKA
MOHAN SHANTANAGOUDAR
B.P. Girish - Appellant
Versus
State of Karnataka Rep. by its Secretary, Revenue Department - Respondents
Writ Petition No.10127 of 2008 (LR)
Decided On : 11/26/2008
Headnote:MYSORE (RELIGIOUS AND CHARITABLE) INAMS ABOLITION ACT, 1955 - Sections 6-A & 9: [Mohan Shantanagoudar J] Grant of occupancy rights - Inam Land -Form No.1 -Challenge to by the Managing Trustee of the Temple after a lapse of 16 years - Held, The land in question is an Inam Land and the Tahsildar is the proper Authority to represent the temple. The notice of the proceedings was served on the Tahsildar and it cannot be said that the temple was not notified. Except stating that the petitioner is the Managing Trustee of the Temple, he has not produced anything to show that he is the Managing Trustee and that he is validly representing the Trust. The petitioner has no locus standi to represent Someshwara Devaru Temple. On facts held, The record of rights of the year 1967 onwards which are produced along with the statement of objections clearly reveal that the original applicant Sadashivaiah was continuously cultivating the property as the Archak. He has paid the tax for the land in question from 1962 onwards. All these factors are taken into consideration by the Land Tribunal While passing the impugned order. As the original applicant Sadashivaiah has been cultivating the property continuously all through, the Land Tribunal was justified in granting occupancy rights in favour of Sadashivaiah. Even otherwise, the writ petition is the lapse of 16 years from the date of the impugned order without valid explanation for condonation of delay. Hence, the order cannot be interfered with at the behest of the third party, who is unconcerned with the order of the Land Tribunal.
Mohan Shantanagoudar, J.
Though the writ petition is listed for orders, by consent of both the parties, the matter is heard finally and is disposed of by this order.
2. Father of respondents 3, 4 and 5 namely Sadashivaiah filed application in Form No.1 under the provisions of the Karnataka (Religious and Charitable) Inams Abolition Act, 1955 praying for grant of occupancy rights over the land bearing Sy.No.176, measuring 3 acres 10 guntas and Sy.No.103, measuring 25 guntas, situated at Betta Alasur Village, Bangalore North Taluk. The said application dated 30.3.1991 was addressed to the Deputy Commissioner, Bangalore. However, the application came to be transferred to the Land Tribunal Bangalore North Taluk, for disposal. The Land Tribunal after making enquiry, passed the order at Annexure-C, dated 30.12.1992, granting occupancy rights in favour of Sadashivaiah, the applicant. This writ petition is filed questioning the said order dated 30.12.1992, by Sri B.P.Girish, who claims to be the Managing Trustee of Someshwara Devaru Temple, Betta Alasur.
3. The records disclose that one Mr. Gurubasanna donated the land bearing Sy.No.176 (one of the lands involved in the writ petition) to Someshwara Devaru Temple for the purpose of carrying on day today activities out of the income earned from the said land. The document at Annexure-A produced by the petitioner evidences the same. No date is mentioned therein to show as to when the land was gifted by said Gurubasanna. However, the copies of record of rights produced along with the statement of objections disclose that the name of temple is forthcoming in the year 1965-66. The tax paid receipts pertaining to the land in question are of the year 1962. Therefore, it is prima facie clear that the donation was made prior to 1962.
4. It is contended by the petitioner that the petitioner did not have notice of the proceedings before the Tribunal; that the land is not an inam land and consequently, the Tahsildar cannot represent the temple; that even assuming that the land is an inam land, the Land Tribunal has no jurisdiction and the Deputy Commissioner has jurisdiction to pass such orders. Per contra it is argued on behalf of the respondents that the petitioner has no locus standi to file the writ petition, inasmuch as there is nothing on record to show that he is a Managing Trustee of Someshwara Devaru Temple; that the original applicant viz., Sadashivaiah was cultivating the land in question all through since 40 years, which is clear from the copies of the record of rights and tax paid receipts; that as the lands in question are the inam lands, the Tahsildar is entitled to represent the Temple. Lastly it is submitted that the Land Tribunal has jurisdiction to consider the application filed in Form No.1 under the provisions of the Karnataka (Religious and Charitable) Inams Abolition Act, 1955.
5. The document at Annexure-A is issued by the Tahsildar, Bangalore North Taluk Bangalore. The said document at Annexure-A is the copy of the Register of Record of Rights pertaining to Betta Alasur Village. The name of Someshwara Devaru temple is found at Sl.No.360 and it is mentioned therein that the land bearing Sy.No.176 is donated by Gurubasanna for the temple. The Revenue Register maintained by the concerned revenue authorities vide Annexure-A clearly discloses that the land is donated to Someshwara Devaru temple. Thus, the land bearing Sy.No. 176 clearly falls within the meaning of "inam land". In this context, it is relevant to note the provisions of Section 1(3) of Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954, which read thus:-
"Section 1: ..........
.(1) ....................
.(2) ......................
.(3) It applies to-
a) Personal inams including the Yelandur Jahgir but excluding any enfranchised inam in respect of which full land revenue assessment is payable;
b) Khayamgutta villagers;
c) Kodagi and Bawadi Daswandam inams;
d) Miscellaneous service inams inclu
