H.K. SUBRAMANYA Vs. M. SHEKAR SHETTY

JUDGEMENT

(1.) In these petitions, the petitioners have in effect sought review of judgment and order dated 20.04.2012 passed by this Court W.A. Nos.1453-1464/2005 C/w. W.A. No.1558/2007 & W.P.No.9573/1999. By that order, the writ appeals as well as writ petitions were allowed. In the alternative, a declaration is sought to the effect that the order dated 20.04.2012 passed in the aforesaid matters is not binding on the petitioners. Certain notices issued by the 8th respondent - the Assistant Conservator of Forest, Balehonnur Sub-Division, Balehonnur, are also assailed. In addition, a prayer is made for quashing the Notification dated 06.03.1928.

(2.) Briefly stated, the facts are that, Kalaseshwara Swamy Temple of Kalasa, Mudigere Taluk, Chikmagalur District, was dedicated approximately 16,000 acres of land in Mavinakere, Talagodu, Totarur Villages of Kalasa Hobli, Chikmagalur District. The endowment was made with a condition that agricultural and forest produce from the said lands would be utilized for maintenance and management of the said temple, which also included infrastructure and other facilities for devotees who visited the temple. It is averred by the petitioners that many persons were in occupation of the said lands and they were cultivating it and providing a portion of the agricultural produce to the temple. It is further stated that in the year 1922, the Diwan of Mysore visited Kalaseshwara Swamy Temple and had discussions with the Muzarai Commissioner regarding its financial resources. A Report dated 25/06/1925 was submitted by the Muzarai Commissioner making certain recommendations. Accepting the same, the erstwhile Maharaja of Mysore issued Notification dated 09/10/1925 stating that in an extent of 11,000 acres of land, there was illegal removal of forest produce. Therefore, by that Notification, the Government ordered for control of the forest produce and to prevent waste by smuggling and illegal removal. Subsequently, Notification dated 06/03/1928 was issued by the erstwhile Maharaja of Mysore invoking Section 35(iii) of the Mysore Forest Regulation of 1900 (hereinafter referred to as "the 1900 Regulation") in respect of five block namely, Devarabetta, Karimane Kalgode, Mavinakere Talgode, Totadur and Balagi, which were five forest blocks endowed to the temple along with their boundaries. Thereafter, by order dated 25.10.1943, it was declared that the aforesaid five blocks notified under Section 35(iii) of the Regulations was deemed to be forest taken over for management by the Forest Department under Section 36(d) of the Mysore Forest Act, 1900 (hereinafter referred to as '1900 Act') and that all provisions of Chapter II and IV thereof and the rules made thereunder were to apply to those blocks. A copy of that Notification is produced as Annexure-"F-1". It is the case of the petitioners that the Forest Department never took over possession of the said lands and the same continued to be revenue lands.

(3.) More specifically, it is the case of the petitioners that although Notification dated 15/03/1928 was issued declaring the area as Reserved Forest, that Notification was not given effect to and in the revenue records, the lands were shown as Devadaya Kalaseshwara Swamy Inam Lands and the lands were shown as "Bhagayat Kushki Tari" and used for growing coffee, tea and pepper and not forest lands. Some portions of Devadaya Inam Lands were given to private persons for mining activities and royalty was payable to the Temple. Subsequent to the enforcement of Karnataka (Religious and Charitable) Inams Abolition Act, 1955 (hereinafter referred to as "KRCIA Act"), the Inam Lands of the temple were vested with the State Government and the temple authorities received compensation to an extent of 4,000 acres of land and the matter was under consideration with regard to another 10,000 acres of land. That the State Government granted various parcels of land to persons, who were in possession and enjoyment of the same, under the provisions of the KRCIA Act and Land Reforms Act as well as under the Land Grant Rules. According to the petitioners, they are also in possession and enjoyment of their respective extents under various grants made by the State Government. Copies of grant or allotment orders are at Annexures "Q" to "Q-6" annexed to W.P.Nos.48830- 48841/2013. That by Circular dated 18/08/1981, issued by the State Government, various extents of 'C' and 'D' Class lands were transferred from the Revenue Department. According to the petitioners on account of some personal and ulterior motive, some persons filed W.P.No.9573/1999 before this Court as a Public Interest Litigation (PIL) questioning the grants made in favour of certain persons, who were respondents in that writ petition. That writ petition was heard along with W.A.Nos.1453-1464/2005 and connected matters and by judgment dated 20/04/2012, the writ appeals were allowed and the PIL in W.P.No.9573/1999 was disposed of with certain directions. That order is sought to be reviewed in the writ petitions as well as in the review petitions while assailing the notices issued by the concerned authorities, pursuant to the judgment dated 20/04/2012. In fact, as against that order, certain persons who were not parties therein had filed Special Leave Petitions before the Hon'ble Supreme Court and by order dated 18/11/2013 the Special Leave Petitions were dismissed as withdrawn with liberty to seek review of that order before this Court. It is under these circumstances, the writ petitions as well as review petitions have been connected and are heard and disposed of by this order.