MAHALINGA MANIYANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner herein who was an occupant of land as a tenant in sy. No. 290-1ap measuring one acre 24 cents and sy. No. 270-4b measuring 22 cents of bettampady village, puttur taluk, sought and obtained occupancy rights under the Karnataka Land Reforms Act in lryt 6055/74-75, dated 8-2-1988. The petitioner claims that sy. No. 281-1a measuring 3 acres out of 4 acres and sy. No. 270-3a measuring 75 cents out of 7 acres 15 cents constituted kumki to the land of the petitioner in sy. No. 290-1ap and he is entitled to the kumki privilege in these lands as provided by law. The petitioner apprehends that as per Annexure-B (circular issued dated 9-4-1992) the revenue department of the government of Karnataka has sought to issue a clarification regarding kumki privilege in dakshina kannada, to the effect that on the vesting of land under Section 44 of the Karnataka Land Reforms Act, the tenant who is conferred occupancy rights would not be entitled to kumki privilege. The petitioner who is aggrieved by the interpretation, sought to be given to sections 43 and 44 of the Karnataka land reforms act has preferred this writ petition seeking quashing of annexure-b.

(2.) THE Madras board of revenue standing orders defines a kumki privilege and also a kumki land. A kumki land is described thus: "kumki land is government waste land within 100 yards of assessed land included in a holding formed prior to fasli 1276. Kumkidar is a person who is entitled to enjoy the kumki privilege. A kumkidar is necessarily either the registered holder, walawargdar or mulgenidar of the land to which the kumki privilege is attached". Kumkidar's privilege is also described thus:

(3.) THE description of kumkidar referred to above would show that a kumkidar is necessarily either the registered holder, walawargdar or mulgenidar of the land to which kumki privilege is attached. It is clear, therefore, that the kumki privilege goes with the land and the lawful occupant of the land would be entitled to enjoy the privileges in accordance with law.