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W.P. No.63891 of 2011
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 22ND DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 63891 OF 2011 (LR)
BETWEEN:
1.
SRI. KRISHNAPPA S/O. CHANNAPPA GURAV,
2.
SMT. LAXMIBAI W/O. KRISHNAPPA GURAV,
3.
SRI. CHANNAPPA S/O. KRISHNAPPA GURAV,
SINCE ALL 3 DECEASED BY L.Rs.
4.
GOPAL S/O. KRISHNAPPA GURAV,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: BELAGALI, TQ: MUDHOL,
DIST: BAGALKOT.
5.
SRI. MARUTI S/O. KRISHNAPPA GURAV,
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O: BELAGALI, TQ: MUDHOL,
DIST: BAGALKOT.
6.
SRI. BALACHANDRA S/O. KRISHNAPPA GURAV,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: BELAGALI, TQ: MUDHOL,
DIST: BAGALKOT.
7.
SMT. KESHAVVA (SHASHAVVA)
W/O. SHANKREPPA HUGAR,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: KULALI, TQ: MUDHOL,
DIST: BAGALKOT.
Digitally
signed by
SUJATA
SUBHASH
PAMMAR
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W.P. No.63891 of 2011
8.
SMT. KASTUREVVA W/O. CHANNAPPA GURAV,
AGE: 50 YEARS, OCC: COOLIE,
R/O: BELAGALI, TQ: MUDHOL, DIST: BAGALKOT.
9.
SMT.KALLAVVA W/O. LAXMAN GURAV,
AGE: 25 YRS, OCC: COOLIE,
R/O: MACHAKANUR, TQ: MUDHOL, DIST: BAGALKOT.
10. SRI.MAHALING S/O. CHANNAPPA GURAV,
AGE: 20 YRS, OCC: COOLIE,R/O: MACHAKANUR,
TQ: MUDHOL,DIST: BAGALKOT.
…PETITIONERS
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
AND:
1.
THE LAND TRIBUNAL,
R/BY ITS CHAIRMAN, MUDHOL,
DIST: BAGALKOT.
2.
SMT. JEEVUBAI W/O. BHIMAPPA GURAV,
SINCE DECEASED BY L.RS.,
3.
SRI.BASAPPA S/O. BHIMAPPA GURAV,
AGE: 75 YEARS, OCC: AGRICULTURE,
R/O: BELAGALI, TQ: MUDHOL,
DIST: BAGALKOT.
R-3 DECEASED R/BY LRS 3A TO 3F
3A. SMT. PARAVVA W/O. BASAPPA GURAV
AGE: 70 YEARS, OCC: HOUSEHOLD WORK
R/O. BEHIND SRI. HANUMAN TEMPLE
BELAGALI, TQ. MUDHOL, DIST. BAGALKOTE
PIN 587 113.
3B. BHIMAPPA S/O. BASAPPA GURAV
AGE: 52 YEARS, OCC: AGRICULTURE
R/O. BEHIND SRI. HANUMAN TEMPLE
BELAGALI, TQ. MUDHOL, DIST. BAGALKOTE
PIN 587 113.
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W.P. No.63891 of 2011
3C. SMT. YAMANAVVA GURAV
AGE: 49 YEARS, OCC: COOLIE
R/O. NEAR YALLALINGESHWAR MATH
MUGALAKOD, TQ: RAIBAG, DIST: BELAGAVI.
PIN: 591 235.
3D. GULAPPA S/O. BASAPPA GURAV
AGE: 47 YEARS, OCC: AGRICULTURE
R/O. BEHIND SRI. HANUMAN TEMPLE
BELAGALI, TQ. MUDHOL, DIST. BAGALKOTE
PIN 587 113.
3E. MALLAPPA S/O. BASAPPA GURAV
AGE: 45 YEARS, OCC: AGRICULTURE
R/O. BEHIND SRI. HANUMAN TEMPLE
BELAGALI, TQ. MUDHOL, DIST. BAGALKOTE
PIN 587 113.
3F. KALLAPPA S/O. BASAPPA GURAV
AGE: 43 YEARS, OCC: AGRICULTURE
R/O. BEHIND SRI. HANUMAN TEMPLE
BELAGALI, TQ. MUDHOL, DIST. BAGALKOTE
PIN 587 113.
4.
SRI.SHANKREPPA S/O. BHIMAPPA GURAV,
AGE: 72 YEARS, OCC: AGRICULTURE,
R/O: BELAGALI, TQ: MUDHOL,
DIST: BAGALKOT.
SINCE DECEASED BY LRS 4A TO 4I
4A. SMT. SUMITRA W/O.SHANKREPPA
AGE: 60 YEARS, OCC: HOUSEHOLD,
R/O. KALMESHWAR TEMPLE, MUDHOL.
4B. SMT. ANJANA W/O.BABU GURAV
AGE: 30 YEARS, OCC: HOUSEHOLD,
R/O. NEAR KALMESHWAR TEMPLE, MUDHOL.
4C. SMT. NANDA W/O.PRABHU HUGAR
AGE: 28 YEARS, OCC: HOUSEHOLD,
R/O. NEAR KALMESHWAR TEMPLE, MUDHOL.
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W.P. No.63891 of 2011
4D. SMT. SAVITRI W/O.NINGAPPA GURAV
AGE: 26 YEARS, OCC: HOUSEHOLD,
R/O. MALALI, TQ.MUDHOL.
4E. SMT. NEELA W/O.GAJANANDA GURAV
AGE: 24 YEARS, OCC: HOUSEHOLD,
R/O. MUGALKOD, TQ.MUDHOL.
4F. RAMESH S/O. SHANKREPPA GURAV
AGE: 40 YEARS, OCC: BUSINESS
R/O. NEAR KALMESHWAR TEMPLE, MUDHOL
4G. GOPAL S/O. SHANKREPPA GURAV
AGE: 40 YEARS, OCC: BUSINESS
R/O. NEAR KALMESHWAR TEMPLE, MUDHOL
4H. MAHANTESH S/O. SHANKREPPA GURAV
AGE: 40 YEARS, OCC: BUSINESS
R/O. NEAR KALMESHWAR TEMPLE, MUDHOL
4I.
SHIVANAND S/O. SHANKREPPA GURAV
AGE: 40 YEARS, OCC: BUSINESS
R/O. NEAR KALMESHWAR TEMPLE, MUDHOL
5.
SMT.KASTURIBAI S/O. HANAMANT GURAV,
AGE: 65 YRS, OCC: AGRICULTURE,
R/O: BELAGALI, TQ: MUDHOL,
DIST: BAGALKOT.
6.
SMT.GOURAVVA W/O. RAMANNA GURAV,
R/O. JUNKARKOPPA GALLI, MUDHOL
SINCE DECEASED BY L.RS.,
6A. SRI.RAMANNA S/O. APPANNA GURAV,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: MUDHOL, DIST: BAGALKOT.
SINCE R-6A DECEASED, RESPONDENTS NO.6B-6H
ARE THE LRS OF RESPONDENT NO.6A –
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W.P. No.63891 of 2011
6B. SRI.PRABHU S/O. RAMAPPA GURAV,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O: MUDHOL, DIST: BAGALKOT.
6C. SMT.KASHAVVA W/O. MALLAPPA HUGAR,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: KPTCL QUARTERS, MAHALINGAPUR,
TQ: MUDHOL, DIST: BAGALKOT.
6D. SMT.BANDAVVA W/O. SIDDAPPA HUGAR,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: MURGOD, TQ: BAILHONGAL,
DIST: BELGAUM.
6E. SMT.SHIVALEELA W/O. RAMAPPA HUGAR,
AGE: 40 YEARS, OCC: COOLIE,
R/O: MUDHOL, DIST: BAGALKOT.
6F. SMT.KASHAVVA W/O. APPANNA GURAV,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O: MUDHOL, DIST: BAGALKOT.
6G. KUM.SUJATA D/O. APPANNA GURAV,
AGE: 22 YEARS, OCC: COOLIE,
R/O: MUDHOL, DIST: BAGALKOT.
6H. KUM.VITTAL S/O. APPANNA GURAV,
AGE: 20 YEARS, OCC: COOLIE,
R/O: MUDHOL, DIST: BAGALKOT.
…RESPONDENTS
(BY SRI.VINAYAK S. KULKARNI, AGA FOR R1;
SRI. K. L. PATIL, ADVOCATE FOR R3, R4(A-I), R5 & R6B;
R3(A TO F), R6 (D, G, H) ARE SERVED;
R6 (C, E, F) – NOTICE IS HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER OF LAND TRIBUNAL, MUDHOL DATED 25/01/2011 I.E.
ANNEXURE-F.
THIS PETITION COMING ON FOR FURTHER HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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W.P. No.63891 of 2011
Aggrieved
by
the
order
dated
25.04.2011
bearing
No.KLR/T/SR/617/2003-04 passed by the 1st respondent -
Land Tribunal, Mudhol, vide Annexure-F to the writ petition,
the instant writ petition is filed.
The case of the petitioners is that, their ancestor one
Sri.Krishnappa Gurav was a tenant and in cultivation of 01
acre 27 guntas of land in survey No.167/1 and 06 acres 02
guntas in survey No.168/1B of Belagavi Village, Mudhol Taluk
and he filed Form No.7, and the same has been wrongly
rejected by the Tribunal by the impugned order. Hence the
instant writ petition is filed.
The respondents justify the impugned order and prays for
dismissal of the writ petition.
The lands in question are devastan inam lands and the
ancestor of respondents 2 to 6 by name Bhimappa Gurav was
the purohit and enjoying the property. The said Bhimappa
Gurav had borrowed a sum of Rs.500/- from Krishnappa
Gurav and in lieu of repayment, the property was mortgaged
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to Krishnappa Gurav and he was entitled to utilize the property
for a period of five years from 1956-57 to 1961-62, with an
understanding that the usufructs shall be utilized towards
discharge of the money during the said period. The said
transaction is reflected in mutation entry No.1268 in respect of
the said land. The said MR No.1268 establishes the fact that
Krishnappa Gurav was put in possession of the property not
as a tenant, but as a mortgagee, who was entitled to the
usufructs of the said land. Subsequent to expiry of the
mortgage period, as Krishnappa Gurav did not vacate the
property, O.S.No.20/1964 was filed against him, which was
decreed in favour of Jivibai W/o. Bhimappa Gurav, as
Bhimappa Gurav had died by then and Krishnappa Gurav was
directed to vacate and deliver the vacant possession of suit
schedule property. Aggrieved by the same, R.A.No.52/1971
was filed by Krishnappa Gurav and the Appellate Court came
to the conclusion to determine whether there is tenancy or not,
the matter needs to be referred to the Land Tribunal and
accordingly, the matter came to be referred to the Land
Tribunal and the Land Tribunal passed the order rejecting the
application filed by Krishnappa Gurav. Aggrieved by the
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same, he preferred an appeal before the Appellate Authority,
which also rejected the claim of Krishnappa Gurav, against
which he preferred LRRP No.6018/1999. This Court came to
the conclusion that all the relevant materials have not been
examined properly by the Land Tribunal as well as the
Appellate Authority and as the orders passed by both the
Tribunal and the Appellate Authority were found to be
erroneous and the said orders were set aside and the matter
was remanded back to the Tribunal, for fresh consideration.
Pursuant to the said order, the Tribunal has heard the
concerned parties and has passed the impugned order.
Aggrieved by the same, the instant writ petition is filed by the
petitioners who are the legal heirs of Late Krishnappa Gurav.
It is noticed from the records that, pursuant to the mutation
entry No.1268, which was passed in the year 1961-62, the
name of Krishnappa Gurav finds mention in the RTCs in
respect of the lands concerned from 1962 onwards.
The lands being inam lands, as per the provisions of the
Karnataka Certain Inams Abolition Act, 1977 (for short “the
Act, 1977”), it vested in the Government. Thereafter, apart
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from Krishnappa Gurav, who filed Form No.7, respondent
No.2 also filed Form No.7 and sought for grant of land on the
ground that the land concerned is Devasthana Inam Land and
her husband being Pujari was cultivating the same and she
thereafter has been cultivating it. Since she has died,
respondent Nos.3 to 6 herein are her legal heirs. The
petitioners are the legal heirs of Krishnappa Gurav.
The undisputed facts of the case are that, the land concerned
is Devasthana Inam Land and by virtue of the provisions of the
Act, 1977, it vested with the Government and Krishnappa
Gurav claiming to be the tenant has filed Form No.7 and
