B R MANJEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE present writ petition is directed against the Order dated 27-2-1997 passed by the land tribunal, belur taluk, hassan district, granting occupancy right in favour of one b. m. siddegowda (third respondent) in preference to the petitioner who had also made a similar claim. The tribunal has purported to pass the Order under the provisions of the Karnataka (religious and charitable) inams abolition act, 1955 (in short the act') as amended by the Karnataka inams abolition laws (Amendment) act, 1979.

(2.) EARLIER to the Amendment Act 26 of 1979 the power of adjudication of occupancy claims were given to the deputy commissioners as provided under Section 9 of the Principal Act, but by the above Amendment Act, the said power was vested in the land tribunal.

(3.) BUT subsequently this court in its Order dated 24-4-1992, i. e. shri kudli sringeri maha samsthanam, Kudli v State of Karnataka, has held that :