HANUMANTHA DEVARU Vs. MUNIHAMUMANTHARAYAPPA

JUDGEMENT

(1.) THIS Writ Petition is filed by the Dharmadarshis of Sri Hanumantha devaru temple situated at Jalahalli, Bangalore North Taluk, to quash the order dt. 26,7. 82 passed by the Land Tribunal, Bangalore (North)Taluk granting occupancy right in part in respect of three different extents of lands, 24 guntas to respondent No. 1, 18 guntas to respondent No. 2 and 24 guntas to respondent No; 3 (in all 1 acre 26 guntas) out of Sy. No. 73, Copy at Annexure 'a' to Writ Petition and further to quash the order dated 22. 8,89 passed by the respondent No. 5 - District Land Reforms Appellants Authority, bangalore Dist:, whereby the said Appellate Authority while allowing the deemed appeal of the respondents No. 1 to 3 granted occupancy right to them in respect of the entire extents as claimed by respondents No. 1 to 3 by setting aside the order dt. 17. 7. 86 of the land Tribunal, copy as at Annexure 'b' to Writ Petition.

(2.) I heard the Learned Counsel for the petitioner Sri K. Giridhar, Sri K. S. Suman appearing for the respondents No. 1 to 3 and the learned High Court Government Pleader Sri S. S. Guttal appearing for the respondents No. 4 to 8.

(3.) BEFORE proceeding further, I feel it proper to advert to the facts of the case; in brief the same are as hereunder: that the respondents No. 1 to 3 had filed form No, 1 before the respondent No. 6 - Land Tribunal. Bangalore North Taluk claiming occupancy right in respect of lands to an extent of 2 acres 20 guntas, 1 acre 26 guntas and 2 acres 20 guntas respectively and on enquiry, the Land Tribunal had partially rejected their claims as their claim was considered only by grant of 24 guntas each to respondent No. 1 and respondent No. 3 and 18 guntas to respondent No. 2 in respect of panchasala gutta land belonging to the deity. The respondents no. 1 to 3 had filed a Writ Petition before this Court in W. P. No. 42194 and 42195/82 before this Court to challenge the said order rejecting part of their respective claims. That the said Writ Petitions were transferred to the respondent No. 5 - Land Reforms Appellate authority (since abolished) for treating the same as deemed appeals and further to pass considered orders thereon. That the said appellate authority registered the said Writ petitions as a single Appeal in no. LRM. 543/86 and the Appellate Authority after hearing the parties passed the impugned order granding the occupancy right in respect of 2 acres 20 guntas each to respondent No. 1 and respondent No. 3 and 1 acre 20 guntas to respondent No. 2 as applied for by them individually. Now, the Said order passed by the LRAA granting occupancy right to them Is under challenge in the hands of the dharmadarshis of the temple.