METHODIST CHURCH BELGAUM Vs. DEPUTY COMMISSIONER BELGAUM DISTRICT

JUDGEMENT

(1.) THOUGH this matter is posted in orders list, with the consent of learned counsel appearing for the parties, the matter is taken up for final hearing, reserved, and is disposed of as follows.

(2.) PETITIONER in this petition is a Methodist church, Belgaum represented by its District superintendent. Petitioner, assailing the legality and validity of the impugned order dated 8th November, 2006 in proceedings no. KAMSANATAN/viva/80/2006-07 on the file of the first respondent-Deputy Commissioner, belgaum District, Belgaum vide annexure K, has presented the instant writ petition.

(3.) THE grievance of petitioner herein -Methodist Church ('church' fo r short) is that, it is a religious institution called as Methodist church which has been in existence for the past 150 years. In 1850, the said Church was called as 'methodist London Mission Church' functioning for Christian religious activities. The said London Mission Church has handed over the missionary work at Belgaum to Methodist episcopal Church in the year 1904. The lands bearing R. S. No. 971 was originally of the ownership of his highness Ramchandra rao - Gopal Pattavardhan, Chief of jamkhandi Sanstan, and his Highness pattavardan has executed a sale deed in the year 1883 in favour of one Cursetji Pestonji boyoe through his Attorney, one Datta Ranade for a sum of Rs. 9,000/- in respect of the lands bearing R. S. No. 971 measuring 26 acres 32 guntas situate at Belgaum Town as per the mutation certification. Thereafter, the aforesaid purchaser has executed a sale deed on 11th March, 1908 in favour of one William henry Holliester, acting presiding Head of the belgaum Division of Raichur District of South india Conference of the Methodist Episcopal church and John Buxandall Buttrick, Treasurer of the South India Conference of the methodist Episcopal Church and their successors in office for rs. 35,000/- as per Annexure A1 including the other survey numbers. After the conversion of the said agricultural lands into non-agricultural lands, it was renumbered as C. T. S. numbers and the same were mutated and mutation certificate has been issued as claimed by petitioner vide annexure B in respect of the lands in question.