The main legal point established in the judgment is that the land tribunal did not have jurisdiction to grant occupancy rights for land classified as a tank or tankbed, as it is prohibited under Section 7(1)(i) of the Mysore (personal and Miscellaneous) Inams Abolition Act, 1954.

JUDGMENT

1. In W.P. No.31006/2009, the Government of Karnataka (hereinafter referred to as 'GOK' for short) has sought a writ of certiorari for quashment of order dated 07.01.2009 passed by the Land Tribunal, Anekal Taluk. In W.P. No.10844/2009, the petitioners who are residents of Neriga Gram Panchayat, Sarjapur Hobli, Anekal Taluk, have sought a writ of certiorari for quashment of order dated 07.01.2009 passed by the Land Tribunal, Anekal Taluk. In both the writ petitions, issue with regard to validity of order dated 07.01.2009 passed by the Land Tribunal arises for consideration, therefore, the petitions were heard analogously and are being decided by this common judgment. For the facility of reference, facts from W.P. No.31006/2009 are being referred to.

2. The subject matter of these petitions is land bearing Survey Nos.49 and 56 measuring 11 acres and 3 acres 20 guntas respectively situate at Nekundi Dommasandra village, Sarjapura Hobli, Anekal Taluk (hereinafter referred to as the 'tank in question' for short). The aforesaid land is kharab land classified as tank bund area.

3. One Sri Chowda Reddy filed an application for regrant of the tank in question before the Special Deputy Commissioner for Inams Abolition. The aforesaid application was rejected by the Special Deputy Commissioner for Inams Abolition, Bangalore by an order dated 14.10.1977 on the ground that the tank in question is a tank bund.

4. Thereafter, aforesaid Sri Chowda Reddy filed an application under Section 48A(1) of the Karnataka Land Reforms Act, 1961 for registration as an occupant of the land of Survey Nos.45, 59 and 56 of Nekundi Dommasandra Village. The Land Tribunal rejected the aforesaid application.

5. Sri. Chowda Reddy filed a writ petition in W.P. No.29523/1982, in which order of the Land Tribunal rejecting the application for grant of occupancy rights is challenged. Learned Single Judge by an order dated 22.07.1986 transferred the writ petition to the appellate authority and parties were directed to appear before the appellate authority on the date mentioned therein. In view of a Circular dated 31.01.2006 issued by State Government referring to decision of Hon'ble the Supreme Court dated 28.04.2005 in Civil Appeal No.5684-5686/1999 and connected appeals, the appeals / matters pending before the Deputy Commissioner were transferred to the Tribunal.

6. The Land Tribunal thereafter by an order dated 07.06.2009 granted occupancy rights in respect of land bearing Sy.Nos.56 and 49 measuring 3 acres and 6 guntas and 11 acres respectively at Nekkundi Dommosandra Village, Sarjapur Hobli, Anekal Taluk. In the aforesaid order, it was inter alia held that on an earlier occasion the claim of Sri.Chowda Reddy was rejected on the ground that the lands in question are classified as tanks and tank beds and therefore, the occupancy rights cannot be granted. However, the members of the Tribunal, except the Chairman held that the land cannot be construed as tank bed as there is no semblance of any such character and the lands in question are developed. However, Chairman of the land tribunal did not agree with the decision of the members of the tribunal to grant occupancy rights in respect of tank in question. However, by majority, decision was taken to grant occupancy rights in respect of the aforesaid lands. In the aforesaid factual background, both the petitions have been filed.

7. Learned Additional Government Advocate for petitioners in W.P.No.31006/2009 submits that the Land Tribunal, Anekal did not have jurisdiction to grant occupancy rights in favour of late Chowda Reddy who claimed ownership rights on the basis of sale deeds dated 01.06.1912, 20.10.1917, 27.10.1924 and 14.12.1959. It is further submitted that from perusal of the record, it is evident that the land in question is a kharab and tank bed area and therefore, no occupancy rights can be granted in respect of the same. It is also argued that by an order dated 14.10.1977, the application for grant of o