RAMAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS Revision is directed against the order passed in L. R. A. No. 120/ 1987 dated 22-3-1990 reversing the order passed by the Land Tribunal dated 9-4-1987 in lrf/ina/222/1979-80 and LRA/ina/29/79-80.

(2.) PETITIONER claiming to be an Archaka of sri Channarayaswamy temple (Muzrai) situated at Chikkabanavara village, Bangalore north Taluk filed an application under Section 6-A of the Karnataka (Religious and Charitable) Inams Abolition Act, 1955 (hereinafter referred to as 'the Act' ). Respondent No. 4 also filed an application under Section 10 of the Act inter alia, claiming to be a protected tenant. The land Tribunal considering the application of the petitioner granted occupancy rights by its order dated 9-4-1987, holding that, he is an archaka and performing pooja and also cultivating the land previously and was dispossessed from the land when the land was put to panchasala auction. The said order was called in question by the respondent No. 2 in appeal before the District Land Reforms Appellate authority, Bangalore. The District Land Reforms Appellate Authority allowed the appeal by holding that the petitioner herein is not entitled for grant of occupancy rights and further held that, the respondent No. 4 being the tenant in occupation is entitled for grant of occupancy rights in respect the land in question.

(3.) THE case of the petitioner is that, he being the Archaka of the temple, by virtue of the act 27/1973, right is conferred in him to claim the registration of occupancy rights in respect of the land in question. The Land Tribunal has rightly granted the occupancy rights considering, the provisions of Section 6-A of the Act. The Land Reforms Appellate Authority without regard to the provisions of Section 6-A and without even considering as to whether, the 4th respondent is entitled for grant of occupancy rights or not has erroneously rejected the application of the petitioner and granted occupancy rights in favour of 4th respondent.