N V VENKATESHACHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONERS in these writ petitions have called in question the orders passed by the respondents determining Tasdik allowance under the provisions of the Mysore (Religious and charitable) Inams Abolition Act, 1955 ('act' for short ). They are dissatisfied with the determination as according to them, it is too inadequate and not proportionate to the loss occasioned to them due to abolition of the inams. As common questions of fact and law have arisen for consideration in all these three petitions, they are taken up for disposal by this common order:

(2.) THE Archak of Sri Anjaneyaswamy Temple, D'palya hobli, Gowribidanur Taluk is also Archak of Sri Venkataramana swamy Temple of D'palya Hobli, Gowribidanur Taluk and has thus preferred W. P. 6553/04 and 6559/04 respectively. W. P. 46604/ 04 is by Sri. K. S. Devaraj Dixit, the Archak of Sri Vinayakaswamy temple, Koira Post, Kundana Hobli, Devanahalli Taluk. The facts relevant for consideration as is manifesting from the pleadings of the parties are: in W. P. No. 6553/04 sri N. V. Venkateshachar is the Archak of anjaneyaswamy Temple of D'palya Hobli, Gowribidanur Taluk. Lands in Sy. No. 42 measuring 2 acres 34 guntas, Sy. No. 52 measuring 1 acre 17 guntas, Sy. No. 23 measuring 2 acres 31 guntas, Sy. No. 135 measuring 1 acre 20 guntas situate in D'palya hobli were inam lands in favour of the diety. Revenue records were mutated accordingly and there is no dispute in this regard. They are at Annexures A1 to A4. The mams Abolition Act when implemented resulted in abolition of inams and resumption of the lands was done by the Government from the date of vesting of the lands in the Government. The rights of the inamdars were dealt with under Section 3 Sub-clause (h ). They were held to be entitled to compensation payable by the State. The amount had to be determined as per Chapter 3 of the said Act.

(3.) AFTER the lands referred to above were resumed by the government an interim order was passed by the Deputy commissioner, Kolar District (competent authority under the Act to determine Tasdik Allowance) sanctioning payment of Tasdik allowance in a sum of Rs. 1,046/- per annum subject to finalisation. The petitioner was not satisfied as the lands referred to above were well cultivated and had the yield in money value of rs. 10,000/- per acre. Therefore, being dissatisfied, the interim award was also assailed.