ANJANEYASWAMY TEMPLE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though the matter is listed for 'hearing on interlocutory application', by consent of learned advocates for the parties, it is taken up for final disposal.

(2.) Sriyuths Gangadharaiah @ Shamanna and Chikkanna s/o Huchappa claiming to be cultivating the land bearing Survey No.59, measuring 7 acres 8 guntas situated at Kudur Village, Magadi Taluk had filed an application under Section 6-A of the Mysore (Religious and Charitable) Inams Abolition Act, 1955 (for short 'Act') for grant of occupancy rights and Land Tribunal, Magadi Taluk by registering the said application in Case No.LRF(KU)27/82-83 ordered for registration of occupancy rights in favour of the applicant and passed an order on 24.04.1982 by granting occupancy rights in respect of land bearing Survey No.59 to an extent of 4 acres and other lands in favour of Shamanna @ Gangadharaiah. Subsequently, said order came to be annulled and an order came to be passed on 29.09.1988 conferring occupancy rights to an extent of 5 acres 27 guntas in favour of Gangadharaiah and to an extent of 1 acre 19 guntas in favour of Chikkanna S/o Huchappa, which orders came to be challenged by the present petitioner in W.P.No.10209/1991 and other applicants, who had been granted lands by the Land Tribunal were arrayed as respondent Nos.3 and 4 in the said writ petition. The said writ petition came to be disposed of by an order dated 08.03.2000 on the ground that order passed by Tribunal was without jurisdiction and Tribunal was directed to re-do the matter afresh. An observation came to be made by the Co-ordinate Bench to the following effect:-

(3.) On such order of remand being passed, Tribunal adjudicated the claim afresh and by order dated 27.10.2010 (Annexure-R2) yet again reiterated its earlier order conferring occupancy rights in favour of aforesaid persons and being aggrieved by the said order, present petitioner filed Writ Petition No.19647/2011 (LR-RES), which came to be allowed in part by order dated 10.06.2013 (Annexure-C) by arriving at following conclusion:-