B P GIRISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THOUGH the writ petition is listed for orders, by consent of both the parties, the matter is heard finally and is disposed of by this order.

(2.) FATHER of respondents 3, 4 and 5 namely Sadashivaiah filed application in Form No. 1 under the provisions of the Karnataka (Religious and Charitable) Inams Abolition Act, 1955 praying for grant of occupancy rights over the land bearing Sy. No. 176, measuring 3 acres 10 guntas and Sy. No. 103, measuring 25 guntas, situated at Betta Alasur Village, bangalore North Taluk. The said application dated 30. 3. 1991 was addressed to the Deputy Commissioner, Bangalore. However, the application came to be transferred to the Land Tribunal Bangalore North Taluk, for disposal. The Land Tribunal after making enquiry, passed the order at annexure-C, dated 30. 12. 1992, granting occupancy rights in favour of Sadashivaiah, the applicant. This writ petition is filed questioning the said order dated 30. 12. 1992, by Sri B. P. Girish, who claims to be the Managing Trustee of someshwara Devaru Temple, Betta Alasur.

(3.) THE records disclose that one Mr. Gurubasana donated the land bearing Sy. No. 176 (one of the lands involved in the writ petition) to someshwara Devaru Temple for the purpose of carrying on day today activities out of the income earned from the said land. The document at annexure-A produced by the petitionef evidences the same. No date is mentioned therein to show as to when the land was gifted by said gurubasanna. However, the copies of record of rights produced along with the statement of objections disclose that the name of temple is forthcoming in the year 1965-66. The tax paid receipts pertaining to the land in question are of the year 1962. Therefore, it is prima facie clear that the donation was made prior to 1962.