ASHOK KUMAR LINGALA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise out of an order dated 1st September, 2010 passed by the High Court of Karnataka -whereby Writ Petition No. 17281 of 2010 filed by the Appellant has been disposed of with the direction that the question of identity of the area forming the subject matter of the mining leases granted to the Appellant on the one hand and Respondent M/s Sandur Manganese and Iron Ore Company Ltd. (SIMORE for short) on the other, shall be determined by the Civil Court in the suit pending before it on the basis of the evidence that the parties may choose to lead. The High Court has further held that in case the Civil Court comes to the conclusion that the area over which the mining leases have been granted to the rival parties does not overlap then both of them would be entitled to carry out their mining activities under their respective lease agreements. In case, however, the Civil Court is of the opinion that there is an overlapping of the area covered by the two leases, the lessee who claims under the lease granted earlier in point of time would have a superior right to carry out the mining activities in preference to the one granted later. The facts in brief are as under:

(3.) Land measuring 4.42 hectares situated at village Devagiri, Sandur Taluk, Bellary District falling under Surveys No. 56/P, 57/P, 58/P and 91/P was according to the Appellant dedicated to Kumaraswamy Devaru Temple. The entire extent of land which now falls in new Survey No. 27 was given to one-Pennaiah S/o Dodda Pennaiah for cultivation in lieu of the services which he was rendering to the temple. With the enactment of the Karnataka (Sandur Area) Inam Abolition Act, 1976 abolishing all rights in inam lands and permitting the cultivators and tenants of the land to make applications under Section 10 of the Act for re- grant and registration, the cultivator-Pennaiah also made an application to the Land Tribunal, Sandur Taluk, Bellary District seeking a re-grant. The said application eventually culminated in the Tribunal passing an order dated 22nd October, 1981 granting occupancy rights in favour of the tenant, pursuant whereto the Tehsildar issued a registration certificate registering his occupancy rights and entering his name in the record of rights.