BANASHANKARI DEVASTHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, notice regarding rule was issued in the first instance. In pursuance of the notice, respondents 3 and 4 who are the only contesting respondents in this writ peitition entered appearance through their Advocate. Records of the proceedings of the Tribunal have also been secured.

(2.) This Writ Petition, one under Art. 226 and 227 of the Constitution of India is directed against the order dated 8-10-1976 at Ex-'C' passed by the 2nd Respondent Land Tribunal, Hubli, conferring occupancy in respect of the suit lands of which the petitioner is the owner in favour of respondents 3 and 4.

(3.) The order impugned is based on the statement made by Mallarappa Ningappa Thurkani, the Chairman of the Managing Committee of the petitioner-temple conceding the tenancy of the claimants and also the entries in the Record of Rights which stood in the names of the claimants before the Tribunal. The Tribunal recorded its findings in Sx-'C' after holding an enquiry in accordance with law. Thus, it seems to me that the petitioner in the case cannot attack the validity of the order impugned on merits.