IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.49763/2018 (LR) BETWEEN SRI. KARIYAPPA S/O LATE MADALAPPA, AGED ABOUT 64 YEARS RESIDING AT BHADRAPURA VILLAGE, HOLALURRU HOBLI, SHIVAMOGGA TALUK AND DISTRICT-577 216 ... PETITIONER (BY SRI YADAVA K, ADVOCATE) AND 1. THE LAND TRIBUNAL PRESIDENT AND ASSISTANT COMMISSIONER, SHIVAMOGGA SUB - DIVISION, ASSISTANT COMMISSIONER’S OFFICE, SHIVAMOGGA CITY, SHIVAMOGGA TALUK AND DISTRICT-577201 REPRESENTED BY SECRETARY 2. THE MANAGER KUDLI SHIRINGERI MUTTA, KUDLI VILLAGE, SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT-577 227 ... RESPONDENTS (BY SRI B.S.BUDIHAL, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT No.1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 11.04.2016 PASSED IN PROCEEDINGS PASSED BY THE 1ST RESPONDENT - LAND TRIBUNAL, SHIVMOGGA TALUK, INSOFAR AS IT RELATES TO REJECTION OF CLAIM OF THE PETITIONER TO AN EXTENT OF 2 ACRES IN SY.No.91 OF JAVALLI VILLAGE, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT, PRODUCED AT ANNEXURE-B AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned High Court Government Pleader takes notice for respondent No.1.
2. The petitioner has sought for quashing of order dated 11.04.2016 (vide Annexure ‘B’ to the petition) passed in proceedings No.LRF(T)JVL.86/79-80 by the first respondent – Land Tribunal, Shivamogga Taluk, Shivamogga, insofar as it relates to rejection of his claim in respect of an extent of 02 Acres of land in Sy. No.91 situate in Javalli village, Shivamogga Taluk, Shivamogga.
3. The petitioner claims to be a tenant under the second respondent – Manager, Kudli Shringeri Mutt. It is stated that he filed an application in Form No.7 on 12.01.1979 seeking occupancy rights in respect of the land measuring to an extent of 04 Acres in Javalli village, Shivamogga Taluk. The said application was registered as LRF(T)JVL.86/79-80 on the file of the Land Tribunal, Shivamogga.
4. It has come on record that the second respondent herein – Manager, Sringeri Mutt, filed an application in Form No.1 under the provisions of the Mysore (Religious and Charitable) Inams Abolition Act, 1955, which application was registered as LRF.AGDR.1/68-69 before the Land Tribunal seeking re-grant of the land/s in Sy. No.114 situate in Javalli village. In the said proceedings, the Land Tribunal held that the lands in Sy. No.114 situate in Javalli village were inam lands and re-granted the same in favour of Kudli Sringeri Mutt as per section 8(1) of the aforesaid Act vide order dated 10.03.1993.
5. The said order of the Land Tribunal was the subject matter of challenge in W.P. No.13176/1995 preferred by the petitioner herein before this Court. In the said writ petition, a coordinate Bench of this Court, in its order dated 08.09.1999, has observed that the order dated 10.03.1993 passed by the Land Tribunal re-granting the land in favour of Kudli Sringeri Mutt without passing any order on the application filed by the petitioner – M. Kariyappa for grant of occupancy rights was not sustainable and accordingly, allowed the writ petition by quashing the said order of the Land Tribunal. While doing so, coordinate bench of this Court has remanded the matter back to the Land Tribunal with a direction to consider both the matters together and dispose of the same in accordance with law.
6. The records would indicate that after remand, the Land Tribunal issued notice to both the parties, recorded the statement of the applicant – petitioner herein and after considering the contentions of the learned counsel for the parties, has observed that though the learned counsel for the respondent – Manager, Kudli Sringeri Mutt, brought to its notice that there was a suit in O.S. No.378/1970 pending before the Civil Court in respect of the land in question, in spite of grant of sufficient time, the said counsel failed to ascertain the status of the said suit. The Land Tribunal on the basis of the material available on record, proceeded to pass the order dated 11.04.2016 in allowing the appeal / application filed by the petitioner herein, however, subject to the outcome of any proceedings pending consideration before the competent Appellate Authority. By the said order, the Land Tribunal has declared the petitioner herein as tenant in respect of only 02 Acres of land in Sy. No.91 situate in Javalli village.
7. The petitioner being aggrieved by the impugned order of the Land Tribunal insofar as it relates to rejection of his claim in respect of the remaining 02 Acres of land in Sy. No.91, is before this Court for the second time in this writ petition.
8. Heard the learned counsel for the petitioner.
Perused the material on record.
9. When the entire impugned order is looked into, this Court, in fact, is surprised as to how the Land Tribunal could have granted occupancy rights in respect of 02 Acres of land in Sy. No.91 in the first place when admittedly the Land Tribunal has noted that the petitioner was shown as tenant in column No.12 of pahani for the year 1979-80. The petitioner has not produced any material to show that he was the tenant in respect of 04 Acres of land in Sy. No.91 as on 01.03.1974 i.e., the appointed date under the Karnataka Land Reforms Act, 1961.
10. In the fact situation, this Court is of the considered opinion that 02 Acres of land in Sy. No.91 granted in favour of the petitioner itself is gratis which appears to be not with reference to his right to seek occupancy right.
11. In that view of the matter, the question of interfering with the impugned order passed by the Land Tribunal in order to consider the prayer of the petitioner for grant of additional 02 Acres of land in Sy. No.91 does not arise.
12. Accordingly, this writ petition is dismissed.
13. Learned High court Government Pleader is directed to file his memo of appearance within two weeks from today.
Sd/- JUDGE Sma