BUDHI BASWESHWAR MATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is a Math and it is an Inamdar in possession of the lands bearing Sy. No. 860 measuring 8 acres 14 guntas, Sy. No. 113 measuring 81 acres 12 guntas of Gabbur Village, Sy. No. 195 measuring 5 acres 29 guntas and Sy. No. 348 measuring 7 acres 13 guntas of Maseerkal Village, Sy. No. 273/1 measuring 4 acres 12 guntas and Sy. No. 273/2 measuring 10 guntas of Devadurga Village. The Land Tribunal has granted occupancy rights in respect of four survey numbers out of the aforementioned six survey numbers. The remaining two survey numbers i.e. Sy. No. 273/1 and Sy. No. 273/2 measuring 4 acres 12 guntas and 10 guntas respectively of Devadurga Village are in dispute in this writ petition. It is needless to observe that the four other survey numbers mentioned supra are not the subject-matter of this writ petition inasmuch as occupancy rights are already granted in favour of Inamdar.

(2.) The Land Tribunal, Devadurga by the impugned order dated 9-6-2006 rejected the application filed by the petitioner in respect of Sy. No. 273/1 and Sy. No. 273/2 on the ground that the occupancy rights cannot be granted in favour of the petitioner since the said lands have lost characteristic of agricultural lands as defined under the provisions of Karnataka Land Reforms Act, 1961 (for short, 'the Act').

(3.) The respondents 3 to 5 herein are neither the owners nor the tenants/inamdars of the lands in question. However, they are representing public at large. According to respondents 3 to 5, the properties in question are belonging to public at large and that there is burial ground apart from shops and houses. The very contentions were put forth by the public before the Land Tribunal, the Land Tribunal based on the actual situation refused to grant occupancy rights in favour of the petitioner, since Sy. Nos. 273/1 and 273/2 are not used for agricultural purposes.