L NAGARAJ Vs. DODDAIAH

JUDGEMENT

(1.) THE petitioners claiming to be public spirited citizens have filed the present petition in public interest seeking the common relief of quashing the order dated 20-7-1989 made in lra No. 30 of 1987 on the file of the land reforms appellate authority, Bangalore.

(2.) THE facts of the case", briefly stated, are as follows: sy. No. 53 measuring 49 acres, 20 guntas situate at mallasandra village, yeshwanthapur hobli, Bangalore north taluk belonged to one vasudeva rao whose forefather received it as an inam in 1876. On the coming into force of inams abolition Act, the said land vested in the government. Doddaiah, the first respondent herein, filed an application before the land tribunal, north taluk in lrf a No. 1036 of 1980 claiming occupancy rights in respect of the said sy. No. 53 of mallasandra village, yeshwanthapur hobli, Bangalore north taluk. The tribunal, after enquiry, rejected the claim of the first respondent by its order dated 25-11-1986, on the ground that the lands are government lands and the application for grant of occupancy rights in respect of government lands is not maintainable. The first respondent preferred an appeal to the district land reforms appellate authority in lra No. 30 of 1987. The appellate authority allowed the appeal and set aside the order of the tribunal dated 25-11-1986 and granted occupancy rights in respect of sy. No. 53 (old No. 38) of mallasandra village, Bangalore north taluk measuring in all 49 acres and 20 guntas. By the present petition filed in the year 1994, the petitioners seek quashing of the said order of the appellate authority on various grounds.

(3.) THE main ground of attack against the impugned order Annexure-D is that the lands in question are gomal lands and, therefore, no occupancy rights could have been bestowed on the first respondent. The petitioners rely on the order of the special deputy commissioner dated 9-7-1961 by which he rejected the claim of the first respondent in respect of 12 acres of land in sy. No. 53 of mallasandra village, Bangalore north taluk. It is their case that against the said order the first respondent preferred an appeal to m. r. a. t. in No. 1570 of 1964. The m. r. a. t. set aside the order of the special deputy commissioner and remitted the matter to the special deputy commissioner for inams for fresh disposal. On remit, the deputy commissioner for abolition of inams by his order dated 2-9-1974 rejected the claim of first respondent. The first respondent did not prefer any appeal against the said order and, therefore, the said order became final. As the matter acquired finality in the light of the order dated 2-9-1974, the petitioners contend, the grant of occupancy rights by the appellate authority in a subsequent proceedings is bad in law. It is also their case that since the lands concerned are gomal lands, public interest is involved and, therefore, this court in exercise of its jurisdiction under article 226 should interfere and set at nought the impugned order of the appellate authority.