K S SHANKRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal preferred by the Legal Representatives of one Sri K. S. Shankrappa against the judgment of the High Court of Karnataka dated 17-1-1991 in Writ Petition No. 19606 of 1979. By that judgment the said Shankrappa's Writ Petition questioning the orders of the Karnataka Appellate Tribunal dated 24-11-79, was dismissed. The Tribunal had confirmed the order of the Special Deputy Commissioner dated 19-6-1978. In the Writ Petition the said Shankrappa also questioned the validity of S. 27-A of the Mysore (Religious and Charitable) Inam Abolition Act, 1955 and Rule 14-A made under that Act. But in view of the judgment of the Division Bench of the Karnataka High Court titled Sri K. Shamanna v. The State of Karnataka (W.P. 14245 of 1979) dated 27-11-1990 upholding the validity of Sec. 27-A and Rule 14-A, the High Court held that the above provisions were valid.

(2.) The High Court, thereafter, observed that there was no dispute with regard to the factual position as to the extent of land held by the writ petitioner. A contention was raised for the first time in the writ petition that the appropriate provision applicable to the case of appellants was S. 126 of the Karnataka Land Reforms Act, 1961 and not S. 27-A read with Rule 14-A of the Mysore (Religious and Charitable) Inams Abolition Act, 1955. This contention was rejected by the High Court, inasmuch as no factual foundation was laid to invoke S. 126 of the Karnataka Land Reforms Act.

(3.) In this appeal, the learned Senior Counsel for the appellants stated that it was not necessary for him to challenge the provisions of S. 27-A and Rule 14-A of the Mysore (Religious and Charitable) Inams Abolition Act, 1955 but that it would be sufficient if the said Shankrappa is declared to fall in the category of "other tenants" under the said Act.