ANJANEYAPPA Vs. DIVISIONAL COMMISSIONER BANGALORE DIVISION

JUDGEMENT

(1.) THE petitioner in this petition has challenged the order at Annexures 'e' and 'f' dated 3-7-1999 passed in Revision No. D. V. S. /r. P. /no. 180/99-2000.

(2.) THE petitioner is an Archak performing the pooja in Sri. Gopalaswamy Temple at Bagalahalli Village, Kolar District. The petitioner has certain Inam lands measuring 3 acres, 38 guntas of land at Bagalahalli Village. The said lands were allotted in terms of Religious and Charitable Inams Abolition (Karnataka Amendment) Act, 1995 (for short the 'act' ). The respondent No. 2, The Special Deputy Commissioner fixed certain rates in terms of Sec. 19 (1) of the Act at the rate of Rs. 361/ -. The petitioner states that on identical circumstances, the very Deputy Commissioner has granted Rs. 750/- to Rs. 2,735/- in his order as per Ann-D. The petitioner aggrieved by the order of the Deputy Commissioner has preferred a Revision before the Divisional Commissioner under S. 21 (A) of the Act. The Divisional Commissioner, without providing an opportunity has passed the impugned order. The petitioner, in these circumstances, is before this Court challenging the order Ann-F dated 22-7-1999.

(3.) HEARD the Counsel. A perusal of the impugned order would show that no opportunity as such has been provided to the petitioner by the Divisional Commissioner. In fact, a categorical assertion is made in para 6 of the objection and the same is not countered by the respondents. Section 21 (A) provides for a revision to the Divisional Commissioner. The said provision is as under :