STATE OF KARNATAKA Vs. S K RAMA RAO

JUDGEMENT

(1.) A vacant site measuring 40' x 50' belongs to Sri Anjaneyaswamy Temple, East Park Road, Maheswaram, Bangalore. It is a muzrai institution. The Commissioner for Rehgrous and Charitable Endowments in Karnataka, ordered that the site should be leased to respondent-2 for 20 years on payment of ground rent of Rs. 1,500 per annum. But the Revenue Appellate Tribunal has set aside the said order on the sole ground that the lease had no previous approval of the State Govt as required under S.9(2) of the Mysore Religious and Charitable Institutions Act, 1927, (called shortly as 'the Act'). The State in this writ petition under Art.227, has challenged the correctness of the view taken by the Tribunal.

(2.) Section 9(2) of the Act provides :

(3.) But, for the State, an ancient order was relied upon in support of the contention that the Commissioner had the requisite prior approval for leasing the said site for 20 years. It was an order made by the Govt of His Highness the Maharaja of Mysore on 30-11-1944 and reads as follows : " S.O.Govt of His Highness the Maharaja of Mysore General and Revenue Depts. G.O. No.R.3766-78 Muz. 62-44-2, d|.30th November 1944. Additional powers to the Muzrai Commr and the Deputy Commrs Of Districts. Delegates- Head- Correspondence ending with letter No.Nl.C.416-43-44, dj.23rd August 1944, from the Muzrai Commr in Mysore, submitted for sanction certain proposals regarding the delegation of more powers to him and the Deputy Commrs of Dists as Muzrai Officers and the continuance of certain periodical returns of the Department. Order No.R.3766-78 Muz 62-44-2, d|. Bangalore 30th Nov 1944. With a view to minimise correspondence and to expedite the disposal of cases, the Muzrai Commr was requested to examine the question of further decentralising work in the Dept and of the continuance or otherwise of the several periodical returns and Statements that are being received in the several offices of the Dept ana submit suitable proposals in this behalf for the consideration of Govt. He has accordingly forwarded proposals, in consultation with the Deputy Commrs of Dists, on the following matters and solicits sanction thereto : (a) Enhancement of some of the existing powers and the delegation of new powers to the Muzrai Commr and the Deputy Commrs of Districts. (b) Discontinuance of certain periodical returns, etc, (2) Govt have carefully considered these proposals and are pleased to sanction them as in the annexures to this Order. (3) Necessary amendments to the Rules under the Mysore Religious and Charitable Institutions Act, will issue separately. Sd/. K. Subba Rao, Secty to Govt, General Dept." Annexure-I to the said order enumerates the power of the Muzrai Commr regarding the approval of leases in respect of the agricultural and non-agricultural lands. At SI. No. 12 herein, it was provided : " SI. No. 12. Officer: Muzrai Commissioner. Existing powers-May sanction leases of properties other than agricultural lands belonging to Muzrai Institutions for a period exceeding five years but not exceeding ten years, when the annual lease amount exceeds Rs.500 (G.O.No.1491-502-Muz.156-39-1, d/.16-1-40. Sanctioned powers-May sanction leases of properties other than agricultural lands belonging to Muzrai Institutions for a period exceeding 5 (five) years, but not exceeding 20 (twenty) years, when the annual lease amount exceeds Rs. 500 (rupees five hundred) ." It is evident from the above order, that the Muzrai Commr was given the power to sanction leases of non-agricultural lands up to a period of 20 years when the lease amount exceeds Rs.500. It is not in dispute that this order is still in operation, although very rarely noticed.