S SUMITRA Vs. STATE

JUDGEMENT

(1.) The petitioner in this writ petition under Arts. 226 and 227 of the Constitution has challenged the orders made by the Special Deputy Commissioner for Inams Abolition, Tumkur, as per Annexure-G and the Land Tribunal, Tumkur, as per Annexure H and she has sought for quashing the same for the reasons set out in the writ petition.

(2.) The undisputed facts as disclosed in the pleadings are as follows :- 3 acres 13 guntas of land in Sy. No. 192 situated in Tumkur Amanikere, Tumkur Taluk and District, was originally owned by one Smt. Lakshmidevamma, the great grand mother of the petitioner herein. According to the geneology at Annexure-A, the petitioner Sumitra is the daughter of T. K. Siddanarasaiah, grand son of Lakshminaranappa whose elder brother's son Karigiraiah's wife is Lakshmidevamma, the donor. Thus, the petitioner is the descendant of the said Laxmidevamma. Laxmidevamma had intended to gift the land in favour of Sri Laxminarasimha Swamy Devaru, the temple of which is situated at Devarayanadurga, Tumkur Taluk. Accepting the offer of gift as valid, the Deputy Commissioner, Tumkur, made a recommendation to the Government for issuing appropriate orders. On the said recommendation of the Deputy Commissioner, then Government of Mysore, by its order No. 880/Muz.196-08-2 dated 23-1-1909, accepted the offer of intended gift by Laxmidevamma and directed execution of the gift deed in the following terms :-

(3.) In deed, it is necessary to mention here that before accepting the gift, the said Laxmidevamma died and passed away. Therefore, the gift deed was executed by Narasimhaiah s/o Lakshminarayanappa, younger brother of Lakshmidevamma's father-in-law. That deed of gift came to be registered in the office of the Sub-Registrar, Tumkur, on 20-11-1916 in No. 1140, Book-I, Volume-198. These facts are not in dispute.