MARUTHI DEVASTHANA Vs. BHIMARAO PATIL

JUDGEMENT

(1.) The Petitioner, questioning the correctness of the order impugned dated 03.12.1981 in Proceedings No. RE/INA/621-1212/1981-82 passed by the 2nd Respondent - Land Tribunal, Afzalpur, presented this writ petition.

(2.) The case of the Petitioner is that, the Petitioner is a registered trust situated at Aurad village, Athanur Hobli, Afzalpur Taluk, Gulbarga District. The above trust was formed to maintain and improve the Sri. Maruthi temple at Aurad village and other related social welfare activities. The said temple is an ancient temple in the village. The land measuring 11 acres 2 guntas in Sy. No. 4 (old No. 8), 12 acres 19 guntas in Sy. No. 56 (old No. 46) has been granted by the erstwhile Nizam of Hyderabad and the said property belonging to the temple. The same has been utilized for grazing of grass to the cattle of the village and utilized the same as and when any festival or jatra in the said village. When things stood thus, it is shock and surprising to the Petitioner when he came to know that, the 1st Respondent has filed Form No. 1 on 29.6.1981, seeking occupancy rights of the land in question. The said matter had come up for consideration before the Land Tribunal. The Land Tribunal, in turn, has registered occupancy rights in favour of the 1st Respondent. This fact came to the knowledge of the Petitioner - trust only in the year 2007 when Respondents 1 has filed a suit for restraining the villagers from interfering with the peaceful possession of the land in question. Immediately, without any delay, they have engaged the services of a counsel at Bangalore and filed writ petition questioning the order impugned passed by the 2nd Respondent - Land Tribunal, seeking appropriate relief as stated supra.

(3.) I have heard learned Counsel appearing for the Petitioner and learned Government Advocate appearing for the 2nd Respondent.