D H VENKATA RAMAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner-Sri D. H. Venkata Ramaiah since deceased by his legal representatives and several others had filed applications for grant of occupancy rights under the Karnataka (Religious and Charitable) Inams abolition Act, 1955 in respect of 3. 25 acres in Sy. No. 51 situate in Odigehalli village which formed part of 'fakir inam'. The Land Tribunal, doddaballapur allowed their applications and granted occupancy rights which order came to be challenged by the Wakf Board before this Court and this Court after quashing the order of the Tribunal remanded the case to the file of Deputy Commissioner, Bangalore Rural District for a fresh enquiry. After remand, Deputy Commissioner took on his file the petitioner's application along with several similar applications filed by others and by a common order dated 6-10-2000 - Annexure-M ordered for transferring all the cases including that of the petitioner in No. LRF INM 40/98-99 before the jurisdictional Wakf Tribunal, Bangalore relying on Section 83 of the Wakf act, 1995. This order is challenged.

(2.) THE Deputy Commissioner has held that the claim of occupancy rights by the petitioners is in respect of 'wakf property'. Therefore, it is the tribunal constituted under the Wakf Act alone that has the jurisdiction to decide the claim and accordingly ordered for transferring the cases.

(3.) IN my view, the reasoning of the Deputy Commissioner cannot be supported. The Deputy Commissioner has overlooked the difference in the scope enquiry of applications filed under the provisions of the two Acts. The relevant provisions of the two Acts are briefly referred to herein to bring out the difference. Under the 'mysore (Religious and Charitable) Inams abolition Act', with the abolition of the inams, all rights, title and interest of all persons including that of the inamdar stand abolished and the entire inam vests absolutely in the State Government, except such rights which are created by the Act, among them being 'tenancy rights' i. e. , if a person is cultivating the lands as a 'tenant' as defined under Sections 4, 5, 5-A, 6-A, 7 and 8 under the inamdar, he is entitled to make an application in that regard before the Deputy Commissioner for grant of occupancy rights. On receipt of the application, the Deputy Commissioner is obliged to hold an enquiry under section 9 of the Karnataka (Religious and Charitable) Inams Abolition Act and decide his claim. Relevant clauses of Section 9 is extracted for ready reference. It reads: section 9. Determination of claims for registration of occupancy and continuation of tenancy. (1) The Tribunal shall examine the nature and history of all lands in respect of which a person claims to be registered as an occupant under Sections 4, 5, 5-A, 6-A, 7 and 8 as the case may be, or in respect of which any person claims to be continued as tenant under Section 6, and decide in respect of which lands the claims should be allowed. (2) (a) No person shall be entitled to be registered as an occupant under sections 4, 5, 5-A, 6-A, 7 and 8 unless the claimant makes an application to the Deputy Commissioner. Every such application shall be made. And the decision of the Tribunal shall be final (now the Deputy commissioner exercises the power of Tribunal ).