B N MUNIBASAPPA Vs. THIPPASETTY MUTT

JUDGEMENT

(1.) THIS appeal is against the order in W.P. No. 5642 of 1975 dated 10 11 1975, dismissing the writ petition filed by the appellant. He filed the writ petition challenging the order of the Revenue Appellate Tribunal, Bangalore confirming the order of the Special Deputy Commissioner for Inams Abolition, Bangalore, rejecting his claim for registration of a plot of land measuring 94 x 66 feet forming a part of Sy. No. 18 of Hanumanthapura Village, which subsequently got included in the Corporation area of Bangalore City and became part of Gandhinagar extension. The claim was made under S. 12 of the Mysore (Religious and Charitable) Inams Abolition Act, 1955. It was common ground that the land had been taken for the purpose of carrying on business in fuel and charcoal depot in the Year 1943 on a monthly rent of Rs. 8 and conversion of the land into non-agricultural purposes was not void or illegal under any law at the time of such conversion. The lease is evidenced by a document dated 28 10-1943, (Ext. 'D') a copy of which was annexed to the writ petition. The contention of the appellant was that he was a holder of the land and entitled to keep the land for himself. The Special Deputy Commissioner, before whom the claim was made, rejected it on the ground that the land was wholly non-agricultural land and the claim of the petitioner was untenable. Virtually on the same ground the Revenue Appellate Tribunal dismissed the appeal and confirmed the order of the Special Deputy Commissioner for Inams Abolition, Bangalore. In the writ petition it was urged that the reasoning of the Revenue Appellate Tribunal as well as the Special Deputy Commissioner, for rejecting the claim, was untenable. It is apparent that the learned Single Judge did not uphold the order on that reasoning but considered the other arguments put forth in support of the claim and rejecting the contentions, dismissed the Writ Petition. The main argument of Sri Gundappa, learned counsel for the Appellant, is that the interpretation sought to be placed on S. 12 of the Act, and the reasoning adopted by the Single Judge are not correct. S. 12 of the Mysore (Religious and Charitable) Inams Abolition Act is as follows :-