SANJEEVAIAH Vs. LAND TRIBUNAL GUBBI

JUDGEMENT

(1.) This Writ petition is directed against the order passed by the Land Tribunal, Gubbi as per Annexure-E dt. 16-10-1981 by which it conferred occupancy rights in favour of respondents 3 to 5 to the extent of 1/3rd share each in Sy. No. 4 measuring 5 acres 20 guntas situate in Uddehosakere Village, Gubbi Taluk, Tumkur District.

(2.) The petitioner having been aggrieved by the said order has approached this Court in the above Writ Petition under Arts. 226 and 227 of the Constitution seeking to set aside the impugned order on more than one ground.

(3.) The brief facts arising out of the Writ Petition necessary for the purpose of its disposal are as follows: In the village Uddehosakere, Gubbi Taluk. Tumkur District, there is a temple known as jSri Gopala Devaru Temple. It is not in dispute that this temple is a public and charitable institution governed under the Karnataka Religious and Charitable Institutions Act, 1927 (hereinafter called the Act of 1927). Sy. No. 4 measuring 5 acres 20 guntas situated in Uddehosakere Village is endowed upon the deity Sri Gopala Devaru. Since thd deity Sri Gopala Devaru and the temple there of have been governed under the provisions of the Act of 1927, it is undisputed that the landed preperty endowed upon the same is also brought within the purview of the said Act. Formerly, an archak by name Basavachari was performing pooja and rendering necessary services to the temple for quite some time In turn, he was also enjoying the land endowed upon the temple during that period, Due to the old- age and continuous sickness of the said archak, he requested the Tahsil- dar to appoint another person who could perform pooja regularly and while doing so, he mentioned the name of Sanjeevaiah, the petitioner herein. The Tahsildar, Gubbi, who is the Muzarai Officer of the Taluk, Submitted a proposal to the Assistant Commissioner, Tumkur Sub- Division, recommending the name of Sanjeevaiah, the petitioner, to be appointed as the successor of Basavachari. By an order made on 8-10-1970, the petitioner was appointed as an archak of the said temple on a temporary basis by the Assistant commissioner, Aggrieved by this order, Adevappa, respon- dent-3 herein, filed an appeal before the Commissioner for religious and charitable Endowments in No. DIA, Apl. 2 of 1972-73, The appellate Authority having heard bot the parties dismissed the said appeal. Thereupon, being aggrieved, Adevappa took up the matter in second appeal before the Karnataka Appellate Tribunal challenging the correctness of the order passed by the Commissioner for religious and Charitable Endowments. The appellate Tribunal having heard both the parties, by an order made on 12-2-1979 (Annexure-A), dismissed the appeal affirming the orders passed by the authorities below. Respondent-3 and -his two brothers viz., Shivanna and Borayya, respondents 4 and 5 respectively herein, aggrieved by the said order of the Appellate Tribunal, took up the matter before this Court in W. P. No. 12212 of 1979. Puttaswamy, J., by an order made on 16-8-1979 rejected the Writ Petition affirming the order passed by the Appellate Tribunal. Thereupon, respondents 3 to 5 preferred W.A. No. 1417 of 1979 directing against the order passed by the learned Single Judge. During the pendency of Writ Appeal, Shivanna and Borayya died and their legal representatives were not brought on record, in the appeal. However, their legal representative's were brought on record in the proceedings pending before the Land Tribunal as also in this Writ Petition. A division Bench of this Court, by an order dt. 16-9-1981, upheld the view taken by the learned Single Judge in regard to the appointment of the petitioner as an archak on a temporary basis, observing as follows :-