LAKSHMINARAYANA HARIYACHAR Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) As the questions that arise for determination in these cases between one and the same contesting parties in relation to several agricultural lands are closely inter -connected, they can conveniently be disposed of by a common order. We, therefore propose to dispose of them by a common order.

(2.) DURING the period from 1942 to 1945 one Hariyachar of Coimbator City of Tamilnadu State, a Hindu by religion and a Chartered Accountant by profession, with a passion for agriculture and horticulture, bought a number of agricultural lands bearing different survey numbers and extents situated at Varuna, Janthigalli and Dandikere villages of Mysore Taluk, Mysore District, in all measuring about 120 acres from their previous owners for valuable consideration. All those lands except Survey No. 208 of Janthigalli village measuring about 10 acres, are contiguous to each other and form one compact block of 110 acres and we will hereafter refer to the area of 110 acres and Sy. No. 208 of Janthigalli village as Block Nos. 1 and 2 respectively. Both these blocks are compendiously called as 'Varuna Estate' and we will hereafter refer to the same as such. We may at this stage digress and notice that 'varuna' in Hindu mythology and pantheon of Gods, is the rain God who showers bountiful rains for the well being and prosperity of mortals in this world for proper husbanding of lands from such rain. We are not certain whether that rain God 'Varuna' had showered plentiful rain on the area or lands ever since Hariyachar purchased them and has brought prosperity to their owners and occupiers. But, we are absolutely certain that rain God 'Varuna' had showered plentiful litigation to the owners and occupiers of the Estate named after him. We are also certain that even our order will not be the end of the ruinous litigation between the principal parties, thanks to their irreconcilable attitudes and their determination to fight to the finish.

(3.) LAKSHMINARAYANA Hariyachar, who is the petitioner in Writ Petition Nos. 1078 of 1975 and 5824 of 1978 died on 8 -2 -1980 issueless. On his death, his wife Smt. Pramela Lakshminarayana has come on record as his legal representative in Writ Petition No. 1078 of 1975. But, in Writ Petition No. 5824 of 1978 his wife, brothers and sisters have come on record as his legal representatives who are also the petitioners in Writ Petition No. 20351 of 1981 and appellants in Writ Appeal No. 828 of 1985 and we will hereafter refer to them as Lakshminarayana or as petitioner. In Writ Petition Nos. 1078 of 1975, 5824 of 1978, 20351 of 1981 and W. A. No. 828 of 1985 R. Chinnaswamy Gounder has been arrayed as one of the respondents and we will hereafter refer to him as the respondent. In Writ Petition Nos. 5824 of 1978, 20351 of 1981 and W.A. No. 828 of 1985 the State of Karnataka is arrayed as Respondent -2 and we will refer to it as the State. In Writ Petition Nos. 1078 of 1985 and 5824 of 1978 the Divisional Commissioner, Mysore is one of the respondents and we will hereafter refer to him as the Commissioner. In Writ Petition No. 20351 of 1981 and W. A. No. 828 of 1985 the Land Tribunal, Mysore Taluk, Mysore is Respondent -2 and we will refer to it as Tribunal'. In W.A. No. 828 of 1985 respondents 4 to 6 are the Deputy Superintendent of Police, Circle Inspector of Police, Mysore, Sub -Inspector of Police, Mysore respectively and we will hereafter refer to them as police authorities or as respondents 4 to 6.