N.K. Patil, J : The petitioner-Board of Wakfs, assailing the correctness of the impugned order dated 9.6.1977 passed by the Land Tribunal, Gulbarga in proceeding No. LRA:207:76-77 granting occupancy rights in favour of one Sri. Habeeb Sarkar in respect of lands in Sy.No.102 measuring 32.13 guntas of Shaik Roza and Sy. No. 116 of Mahagaon village to an extent of 21 acres 27 guntas under Section 45(2)(ii) and an extent of 3 acres 01 guntas vests in the State Government and shall be disposed off in the manner provided in Section 7 of K.L.R. Act, has filed a writ petition before this Court in WP No. 19590 of 1982. When the said writ petition was pending adjudication before this Court, in view of the amendment to the Land Reforms Act, the said petition has been transferred to the Land Reforms Appellate Authority Gulbarga by order dated 23rd July, 1986 and it has been renumbered as LRA:947:1986. During the pendency of the said matter before the Land Reforms Appellate Authority, Gulbarga, in view of the subsequent amendment to the Land Reforms Act, the constitution of the Land reforms Appellate Authority has been abolished and parties were permitted to file a Civil petition before this Court under Section 17 of the Amended Act, 1990. Accordingly, petitioner has filed a Civil petition before this Court in No. 9772 of 1991, which was converted into the instant writ petition.

2. I have heard learned Counsel appearing for petitioner, learned Government Pleader appearing for respondents-1 and 2 and learned Counsel appearing for respondents-4 (A,B and D) and other respondents served and unrepresented.

3. After thorough evaluation of the entire original records available on file at threadbare, what it emerges is that, the Land Tribunal, Gulbarga has registered the occupancy rights in favour third respondent as early as on 9.8.1977. Be that as it may. It is significant to note that land in Sy. No. 116 of Mahagaon village and Sy. No.102 of Shaik Roza were inam lands of Shaik Roza, Gulbarga. Sy.No.102 of Shaik Roza has been converted for the public purpose vide Preliminary Notification issued and published in the Gazette on 13.1.1969 and award has been passed on 1.7.1982 and matter was referred to the jurisdictional Civil Court under section 30 of the Land Acquisition Act. The learned Civil Judge Gulbarga in LAC No. 93/1973 has passed an award dated 24.3.1979 as per the said award, the award amount has been paid to the third respondent herein since he was a tenant of the land. Against that, petitioner has filed an appeal before the revision Bench of this Court in M.F.A.No.1310 of 1980. The said appeal has been dismissed by the Division Bench of this Court on 10th October, 1980. The order passed by the Division Bench of this Court has been produced as Aimexure-R1, wherein it is observed that, it is needless to state that first respondent therein so long as he renders service in the Dargah is entitled to the interest accrued from the investment and so far as the compensation payable to the 2nd respondent therein- tenant is concerned, there cannot be any dispute and since he was registered as an occupant of that land, he is therefore, entitled to the compensation as awarded to him. This clinching documentary evidence that too, which is an order passed by the Division Bench of this Court, was available on file, petitioner who was the appellant before the Division Bench of this Court has not whispered a word in his petition. The only ground urged by the petitioner in the writ petition is that, Wakf board should have been made as a party and notice should have been issued and it should have been given an opportunity and this having not been done, the order passed by the Land Tribunal is illegal. Further, petitioner has contended that, the said land has not been leased to the third respondent herein by the board at any point of time and he has obtained the permission from the Wakf Board and therefore, his tenancy is illegal. The Land Tribunal, Gul