GOVINDARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER in this writ petition claims that he is an Archak of Sri Venu Gopalaswamy Temple situated at Agrahara Village, Yelahanka Hobli, Bangalore North Taluk. It is also claimed that he is the hereditary Archak of the temple and his forefathers who were archaks of the temple earlier were cultivating the Devadaya Inam land belonging to the temple and that he is continuing the same by cultivating an extent of 5 acres 7 guntas of such land in Sy. No. 2 of Agrahara Village, Yelahanka Hobli, Bangalore North Taluk belonging to the temple.

(2.) PETITIONER is aggrieved in this writ petition by order dated 28-4-2000 (copy at Annexure F) passed by the Karnataka Appellate Tribunal in Appeal No. 463/1999 dismissing the said appeal as not one maintainable in law. Petitioner urges that the Tribunal is wrong in dismissing the appeal at the threshold as one not maintainable in law that the appeal was very much maintainable under the provisions of the Karnataka (Religious and Charitable) Inams Abolition Act, 1955 (for short the Act) particularly under Section 29 and the Tribunal ought to have considered the appeal on its merit and render a decision on the same.

(3.) THE appeal itself had been preferred by the petitioner as against the order dated 9th July, 1999 (copy at Annexure E) whereby the Special Deputy Commissioner, Bangalore District had rejected petitioners application filed under Section 6a of the Act for conferring occupancy rights in his favour in respect of the agricultural land referred to above.