MAHADEVAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The legality and correctness of the order passed by the learned Single Judge in W.P. No. 5943/2006 dated 24-8-2009 wherein he has confirmed the order passed by the Karnataka Appellate Tribunal in Appeal No. 1040/2003 dated 28-2-2006 is called in question in this appeal. The appellant contends that she is in possession of 1 acre of land in Sy. No. 33/1 and 3 acres of land in Sy. No. 32 of Jambur Village in Somwarpet Taluk under the second respondent.

(2.) The undisputed fact is that the lands in question are Inam lands covered under the provisions of the Karnataka Certain Inams Abolition Act, 1977. For the reasons best known to the appellant, appellant did not make any application for regrant under the provisions of Certain Inams Abolition Act, 1977 by filing Form No. 1 within the time extended by the State of Karnataka.

(3.) The appellant invoking Sec. 77A of the Karnataka Land Reforms Act filed Form 7A before the competent authority for grant of occupancy rights which application came to be allowed. Challenging the legality and correctness of the order in allowing the application of the appellant filed in Form No. 7A of the Karnataka Land Reforms act, the second respondent filed an appeal before the Karnataka Appellate Tribunal contending that Sec. 77A of the Karnataka Land Reforms Act could not have been invoked by the appellant in respect of the lands covered under Karnataka Certain Inams Abolition Act, 1977. The Tribunal considering the arguments of both the parties came to the conclusion that Sec. 77A cannot be made applicable to the lands covered under Certain Inams Abolition Act, 1977 and the party who claims right in respect of inam lands can press into service only the provisions of Karnataka Certain Inams Abolition Act, 1977. Accordingly, the appeal came to be allowed by reversing the order allowing Form No. 7.