IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE Mr. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.17547/2018 (LR-RES) BETWEEN:
H. GURUNATH BHAT S/O LATE H.GUNDA BHAT SINCE DEAD BY HIS LRS 1. SRI H.G.KESHAVA MURTHY S/O GURUNATH BHAT AGED ABOUT 62 YEARS R/AT NO.19, "HARI CHITTA"
3RD FLOOR, 4TH BLOCK, T.R.NAGAR BENGALURU-560 028.
2. SMT. JAYA RAO W/O LATE VASUDEVA RAO AGED ABOUT 73 YEARS R/AT NO.111(NEW), 273 (OLD) 6TH CROSS, 1ST MAIN DOMMALURU LAYOUT BENGALURU-560 071.
3. SMT. SHANTHA SHIVARAM W/O SHIVARAM AGED ABOUT 71 YEARS R/AT NO.502, BUILDING NO.9 SHANTHI PARK, 9TH BLOCK JAYANAGARA BENGALURU-560 069.
4. SMT. MAHALAKSHMI W/O HARINATH AGED ABOUT 69 YEARS NO.1041, RADHA NILAYA 6TH CROSS, ASHOKA NAGAR BENGALURU-560 050.
5. SMT. ANUSUYA W/O RAMESH AGED ABOUT 61 YEARS C/O H.S.RAMESH T-6-33RD CROSS, 4TH ‘T’ BLOCK JAYANAGARA BENGALURU-560 041.
…PETITIONERS (BY SRI P.H.VIRUPAKSHAIAH, ADVOCATE) AND:
1. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE-577 001.
2. THE SECRETARY LAND TRIBUNAL HARIHARA DAVANAGERE DISTRICT-577 004.
3. THE CONVENER SRI VADABANDESHWARA SWAMY TEMPLE, HARIHARA DAVANAGERE DISTRICT-577 004.
4. THE CONVENER RAMESHWARA DEVARU, HARIHARA DAVANAGERE DISTRICT-577 004.
…RESPONDENTS (BY SRI B.S.BUDIHAL, HCGP FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ORDER VIDE ANNX-E DTD 21.03.2005 PASSED BY THE R-1 AUTHORITY AND QUASH ORDER VIDE ANNX-F DTD 10.02.2017 IN APPEAL NO.152/2012 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL BANGALORE, AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned HCGP accepts notice on behalf of respondent Nos.1 and 2 and he is permitted to file memo of appearance within two weeks from today.
2. The petitioners herein are the legal heirs of Late Gurunath Bhat. The said Gurunath Bhat is said to be the Archak of the third respondent – Temple which owned land bearing Sy.No.13 measuring to an extent of 28 acres 10 guntas situated at Bannikodi Village, Harihara Taluk, Davanagere District. Admittedly, the ancestors of the petitioners were also Archaks of the very same temple. In the year 1868, the said land was granted in favour of the temple, in the name of its Archak who was carrying out pooja activity of the Temple. Thereafter, the right to do the pooja survives to its legal heir of original Archaks and also the right to possess and enjoy the land in question which was earmarked to be utilized for doing the pooja of the third and fourth respondents - deities.
3. When the matter stood thus, after the Mysore (Religious and Charitable) Inams Abolition Act, 1955 (for short ‘the Act’) came into force, the grand father of the petitioners herein who was carrying out the avocation of Archak of respondent Nos.3 and 4 – Temples filed an application. Thereafter, the General Power of Attorney is executed in his name to be the priest of the third and fourth respondents - Temples as well as the cultivator of the land belonging to the Temples which is bearing Sy.No.13 of Bannikodu Village, measuring to an extent of 28 acres 10 guntas. The said application was taken up for consideration by the Special Deputy Commissioner, Chitradurga vide order dated 18.07.1977 in No.INA.CR.21.1972-73 and the same came to be rejected. Against the said order, an Appeal in No.631/1977 was filed before the Tribunal which was allowed and remanded to the Land Tribunal vide order dated 25.5.1979. Thereafter, the grand father of the petitioners herein approached this Court in W.P.No.604/1983 and it was transferred to the Appellate Authority, Chitradurga in LRA.81/86-87 and the same came to be dismissed by order dated 28.12.1988. Again the same was subject matter before the Karnataka Appellate Tribunal in Appeal No.639/2002, which came to be disposed by judgment dated 20.06.2003 by setting aside the impugned order and remanded the matter for fresh consideration after looking into the re-grant document of the year 1868. It is seen that the said application before the Special Deputy Commissioner also came to be dismissed on the ground that the petitioners before the Authority did not have any right over the land in question. It is also stated that the said order was not challenged before any of the Appellate Authorities and in this background, it was held that the same cannot be entertained, since the applications were not filed under Land Reforms Act on or before 30.06.1979.
4. Thereafter, after prolonged litigation, this matter was taken for consideration by the first respondent – Deputy Commissioner at Davanagere. Pursuant to the order dated 14.07.1998 passed in W.P.No.907/1994, the same was decided under the Act where the application of the petitioners was considered under Rule 14(A) of the Karnataka (Religious and Charitable) Inams Abolition Rules, 1956, granting occupancy rights to an extent of 9 acres 36 guntas in Sy.No.13 of Bannikodu Village. The said order was subject matter of the appeal by the said Gurunath Bhat in Appeal No.152/202 before the Karnataka Appellate Tribunal, Bangalore, which came to be dismissed. During the pendency of the said proceedings, Gurunath Bhat died and his legal representatives who are petitioners herein came on record. Subsequently by judgment dated 10.2.2017, the order of granting of 9 acres 36 guntas of land in favour of the petitioners in Sy.No.13 of Bannikodu Village was confirmed.
5. On perusal of the material available on record, this Court is of the considered opinion that the order of the Deputy Commissioner which is confirmed by Karnataka Appellate Tribunal in Appeal No.152/2012 does not call for interference. Hence, no grounds are made out to interfere with the impugned order. Accordingly, this writ petition is rejected.
In view of the dismissal of the writ petition, I.A.No.1/2019 does not survive for consideration and the same is dismissed.
Sd/- JUDGE VMB