RAJESHWARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners in this writ petition are questioning the order dated 20.6.2011 in proceedings INA No.5/2003-04 by the 2nd respondent rejecting the claim of petitioners No.8 to 11 for grant of occupancy rights to an extent of 1 acre 14 guntas in Sy.No.70 of Vokkodi village, Bellavi Hobli, Tumkur Taluk, vide Annexure-K on the ground that they have not made separate application for grant of occupancy right within the time prescribed under the provisions of Karnatka (Religious and ) Inams Abolition Act, 1961 (for short 'Act') and directed the 4th respondent - Tahsildar, Tumkur to auction usufructs raised in the land in question and remit the same in the account of the temple/5 th respondent.

(2.) HEARD the learned counsel for both sides.

(3.) HAVING regard to the facts and circumstances stated above, I feel that there is no need to file a separate application as there is no partition by metes of bounds between all brothers. An application filed by one of the family members for regrant will enure to the benefit of the family members. As no arrangement is made between the family members that will not take away the right of the petitioners on the ground that there was no partition in the family. The writ petition is allowed. The impugned order dated 20.6.2011 in proceedings INA No.5/2003-04 passed by the 2nd respondent, Annexure-K is quashed. There is no necessity to file separate application by the petitioners for regrant under the Act. The matter is remitted to the Deputy Commissioner, Tumkur, to consider the case of the petitioners for regrant in accordance of law. The Government Pleader is permitted to file memo of appearance on behalf of respondents No.1 to 4 in four weeks.