INDIRAMMA AND SRI. M.A. JAYARAM Vs. BRUHAT BANGALORE MAHANAGARA PALIKE, THE JOINT COMMISSIONER (WEST), THE ASST. REVENUE OFFICER AND GOKUL EDUCATION FOUNDATION, SRI. M.R. JAYARAM

JUDGEMENT

(1.) THE legality and correctness of the order passed by the Learned Single Judge in W.P. Nos. 5082 and 5472/2009 dt. 23rd September 2010 is called in question in these appeals. The dispute in these appeals pertaining to change of khata in respect of 4 acres 21 guntas of land in Sy. No. 7 of Mattikere village, now within the territorial limits of BBMP. It is not in dispute that the land in question was an Inam land dedicated to Hanumantha Devaru temple. It is the specific case of the parties that one Ananthaiah had applied for grant of occupancy rights under the provisions of Inam Abolition Act, before the Special Deputy Commissioner and the same was granted to him on 1.2.1959. After the death of Ananthaiah, his wife and children, Venkatalakshmamma and others approached the Land Tribunal for grant of occupancy rights in respect of the very same land in question. The Land Tribunal has granted the same in their favour on 3.3.1989.

(2.) CHALLENGING the occupancy rights granted in favour of Venkatalakshmamma and others, one M.S. Ramaiah questioned the same by filing the Writ Petition before this court in W.P. No. 39293/1992, which Writ Petition came to be allowed on 10.12.2004 and the matter was remanded to the Land Tribunal for fresh consideration. Against the order passed in the aforesaid Writ Petition, an Appeal is filed and the same is pending before this court in W.A. No. 2421/2005.

(3.) THE actual dispute in the present case is in regard to transfer of khata by the Mahanagara Palike in the name of the 4th respondent. The Revenue Officer, BBMP by his order dt. 25.7.2005 has transferred the khata in the name of the 4th respondent - -Trust. The same was questioned by the appellants herein. The Writ Petitions have been rejected and therefore, the present Appeals are filed.