SUNDARA BAI Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Aggrieved by the order dtd. 6/8/2009 passed by the 1st respondent in Appeal [xxxxxx] vide Annexure-A to the writ petition, the instant writ petition is filed.

(2.) The case of the petitioners is that, their predecessors were granted lands measuring 24 acres 09 guntas in Sy.No.25, presently bearing survey No.25/1, 25/2, 25/3, 25/4 of Akkalkumpi Village, Gangavathi Taluk, Koppal District, under Sec. 10 of the Hyderabad Abolition of Inams Act, 1955. Respondents No.4 to 7, on the ground that they were in cultivation of the said land, filed Form No.1 under the Karnataka Certain Inams Abolition Act, 1977 (hereinafter referred to as 'the Act, 1977', for brevity), on 7/2/1992. On 30/1/1993, the petitioners filed a suit for declaration of title and permanent injunction against respondents No.4 to 7 by way of O.S.No.33/1993 on the file of the Civil Judge and Additional CJM, Koppal. The same was decreed in favour of the petitioners herein.

(3.) The said judgment and decree was challenged by respondents No.4 to 7 by way of RFA No.178/1998, wherein the decree of the trial Court insofar as it declaring the petitioners as the absolute owners of the property was upheld, but the grant of perpetual injunction was rejected and thereby the appeal was allowed in part. The same has been confirmed by the Hon'ble Supreme Court. Meanwhile, the application of respondents No.4 to 7 has been considered by respondent No.1 herein and he has passed the impugned order, wherein the land has been granted in favour of respondents No.4 to 7 under the provisions of the Act, 1977. Aggrieved by the same, the instant writ petition is filed.