PUTHIGE MUTT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner in this Writ Petition has sought the following relief:

(2.) It is the case of the petitioner that the erstwhile Government of Mysore granted land bearing Sy.No.79, Melinakuruvalli Village in favour of petitioner - Mutt i.e. Sri Puttige Mutt, Thirthahalli vide order dtd. 16/2/1956 bearing No. R7-18265-68-MUZ.238-54-8. The same was published in the gazette of the Government of Mysore in February, 1956. Thereafter, in the year 1979, the Government of Karnataka through the Deputy Commissioner, Shivamogga and the Land Acquisition Officer, Shivamogga acquired 28.6 acres of land in Sy.No.79 of Melinakuruvalli Village belonging to the petitioner - Mutt for expansion of Areca Research Station by Horticuture Department. In respect of said acquisition, the Special Deputy Commissioner, Shivamogga passed a draft award for Rs.78,477.00 in favour of petitioner - Mutt vide reference No.6/81/81-82 dtd. 8/5/1981. Additionally, the petitioner - Mutt had gifted 35 guntas of land in favour of Melinakuruvalli Gram Panchayat for establishment of Village Panchayat Office. So also, based on the request of Tahsildar, Thirthahalli Taluk, the petitioner - Mutt had sold 7.23 acres of land for the purpose of formation of layout and grant sites for site less persons in Thirthahalli under Ashraya Scheme. The petitioner - Mutt had also sold some portion of the land for Community Hall and for formation of house sites etc.

(3.) In the meantime, one D.V.Manjappa of the said village raised objection before the Tahsildar, Thirthahalli, in respect of change of katha in Sy.No.79 measuring 15.4 acres in the name of petitioner - Mutt after akarband durasti. The said dispute was decided by the Tahsildar in Case No.45/2002-03 on 2/7/2003 by passing an order to enter the name of the petitioner - Mutt in the RTC with respect to the aforesaid land.