KODANDARAMASWAMY DEITY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WRIT petition by the parupattegar of Sri Kodandaramaswamy defty, located at Kengal Anjaneyaswamy temple, Vandaraguppe village, Channapatna taluk, questioning the legality of the order dated 28-4-2006 passed by the Deputy Commissioner, bangalore rural district in LRF inm 21/2004-05 (copy at Annexure-Q to the writ petition), conferring occupancy rights in favour of sixth respondent in respect of house property bearing municipal No. 1183 and attached shop No. 1184, located within the municipal limits of Channapatna town being owned by the petitioner-temple, on an application filed by the sixth respondent under the provisions of the Mysore Religious and Charitable inams Abolition Act, 1955 (for short, the Act ).

(2.) IT is, inter alia, contended by the petitioner that the Deputy Commissioner has virtually ignored the evidence on record that the property was not an agricultural property, that the sixth respondent admittedly the tenant of the property owned by the temple and paying rent could have never invoked the provisions of the Act; that the property in question was not even an inam in favour of the petitioner-temple and therefore, the order is one without jurisdiction and liable to be quashed.

(3.) THIS matter was heard in part earlier and on noticing the controversy involved in the writ petition and the question arose, an order as under has been passed on 5-4-2007. Basic question in this writ petition is as to whether the provisions of the Mysore Hindu religious and Charitable Inams Abolition Act, 1955, was applicable at all to the proceedings before the Deputy Commissioner.