SRI MAHALINGESHWARA GRAMEENA ABHIVRUDDI TRUST AND ORS. Vs. THE AUTHORISED OFFICER & THE ASSISTANT COMMISSIONER MANDYA TALUK AND ORS.

JUDGEMENT

(1.) Helplessness of learned counsel for petitioners and the Government and the respondents is exhibited by the submission of both counsel saying that they have no records with them to assist the Court in decision making.

(2.) Having perused the memorandum of writ petition and annexures including the Order dated 08th October 2013 in W.A. No. 3553/2010, restoring this petition on file, by allowing the appeal, the questions for decision making are:-- "Whether the petitioners Trust and its office bearers have locus standi to maintain this petition?" and whether the Assistant Commissioner and authorized officer is invested with a jurisdiction under The Mysore (Religious and Charitable) Inams Abolition Act, 1955, (Act 18 of 1955), ('Act' for short) to confer occupancy rights in respect of lands in Sy. Nos. 38, 40/1 and 251 in favour of respondents 2 and 3, by order dated 12.04.2006 Annexure 'C'.

(3.) Section 6 of the Act provides that every tenant of the inamdar other than a kadim tenant or a permanent tenant shall, with effect on and from the date of vesting, and subject to the provisions of Chapter IV, be entitled to be continued as a tenant under the Government in respect of land of which he was a tenant under the Inamdar immediately before the date of vesting. While Section 6A provides for pujari, archak etc., to be registered as occupant on certain conditions.