RAJASHEKAR G. D. Vs. LAND TRIBUNAL

JUDGEMENT

(1.) The petitioner has sought for setting aside of the order at Annexure-'G' dtd. 24/8/2016 passed by respondent No.2-Deputy Commissioner, Davanagere, rejecting the claim made on the ground that the same is belated. The petitioner has also challenged the order of Land Tribunal, Honnalli Taluk, Davanagere at Annexure-'C' dtd. 23/1/1976.

(2.) It is noticed from the pleadings that the husband of petitioner No.4 and father of petitioner Nos.1 to 3 late Diwakarappa is stated to be a tenant of the land bearing Survey No.7, measuring 34 guntas situate at Kuruva Village, Honnalli Taluk, Davanagere, which belonged to respondent No.4 and stated to be inam land as on 1/1/1970. It is stated that, by inadvertence, the claim was not filed in Form-1 and the same was preferred in Form-7. Subsequently, the claim made before the Land Tribunal came to be rejected in terms of the order at Annexure-'C' dtd. 23/1/1976 on the ground that grant of occupancy rights is to be decided by the Deputy Commissioner under the provisions of Karnataka (Religious & Charitable) Inam Abolition Act, 1955. Subsequent to the order of Land Tribunal, the petition was filed before the Deputy Commissioner, a copy of which is enclosed at Annexure-'E' and the Deputy Commissioner has disposed of the petition, while observing as follows:-

(3.) It is clear that the order passed by the Deputy Commissioner is not sustainable in law as being cryptic and passed without application of mind. The Deputy Commissioner was required to consider the claim of tenancy filed by the petitioners claiming to be the tenants under respondent No.4 and such application will have to be disposed of on its merits. The question of delay would not arise, as the assertion of petitioners that the application is filed within the time extended from time to time as also the order of the Land Tribunal granting liberty, has not been controverted.